This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 147 : Reassessment-Reason for reopening assessment did not survive-No addition can be made on other issues. [S. 45, 148]

Gel Infrastructure Pvt. Ltd. v. ITO (2021) 89 ITR 44 (SN) (Hyd.) (Trib.)

S. 147 : Reassessment-Order passed without disposing objections-Entire assessment proceedings vitiated. [S. 143(3), 148]

Chand Singh v. Dy. CIT (2021) 89 ITR 57 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Cash deposited and property purchased-Notice of reassessment was held to be valid-Matter remanded to examine the cash deposited, after giving an opportunity of being heard. [S. 143(1), 147, R. 46A]

Amita Yadav (MS.) v. ITO (2021) 89 ITR 24 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Information from Investigation wing-Notice on the basis of incorrect and non-existing reason-Non application of mind-Reassessment is not valid. [S. 68, 131, 147(b), 148]

Bishan Sharup Gupta v. ITO (2021) 89 ITR 43 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-No allegation in the reasons recorded of any omission or failure on the part of the assessee in disclosing fully and truly all material facts necessary of assessment-Notice is void-ab-initio. [S. 148]

Bharti Cellular Ltd. v. DCIT (2021) 211 TTJ 760 / 201 DTR 281 (Delhi)(Trib.)

S. 145 : Method of accounting-Completed contract method-Accepted in earlier years-Method cannot be substituted by the percentage competition method

Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 144 : Best judgment assessment-Estimation of gross profit-Sluggish economic conditions-CIT(A) accepting the gross profit declared by the assessee-No business could have a minimum threshold gross profit every year just to satisfy the whims of the Assessing Officer-Held to be proper. [S. 145(3)]

ACIT v. Shiv Edibles Ltd. (2021) 89 ITR 58 (SN) (Jaipur)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Cash and cheque deposits in bank accounts-Transactions carried out on behalf of others-Entire deposit cannot be assessed as income from undisclosed sources-Profit element is estimated at 20 per. Cent. [S. 133A]

Venkataramanappa Ravikumar v. ACIT (2021) 89 ITR 63 (SN) (Bang.)(Trib.)

S. 143(3) : Assessment-Trader in Iron and steel-Sales not doubted-Profit element is estimated at 5 % of such purchases.

ITO v. Ismailbhai M. Lohkandwala (2021) 89 ITR 1 (SN) (Mum.) (Trib.)

S. 143(3) : Assessment-Income from undisclosed source-Firm-Deposit of money in partner’s capital account-Explained the source-Addition cannot be made as undisclosed income of the firm-Cash deposited in the bank account of concern was accepted as genuine-Assessee received the payment by banking channels-Addition cannot be made as undisclosed income of the firm. [S. 69]

ITO v. Swaran Fastners (2021) 89 ITR 650 / 210 TTJ 1 (Chad.) (Trib.)