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. 153A : Assessment-Search or requisition-No incriminating material was found-Addition cannot be made merely on the basis of post dated cheques without any corroborative evidence. [S. 132]

Elite Realtech Pvt. Ltd. v. ACIT (2021) 88 ITR 401 (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Additional ground was admitted-Delay in filing the appeal was condoned-Sanction was mechanical, without application of mind-Order of reassessment was quashed. [S. 147,148, 151, 253, 254(1)]

TEK Chand v. ITO (2021) 88 ITR 392 (Chd.)(Trib.)

S. 148 : Reassessment-Notice-Recording of reason stating that the assessee failed to file return of income-Contradictory to facts on record-Mechanical sanction-Notice u/s. 143 (2) was issued on same day on which the assessee appeared in response to notice u/s 148-Order was quashed. [S. 143 (2) 143(3), 147, 151]

Simranpal Singh Suri v. ITO (2021)88 ITR 9 (SN) (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Recording of reason stating that the assessee failed to file return of income-Contradictory to facts on record-Order was quashed. [S. 143(3), 147]

Jaspal Singh v. ITO (SMC) (2021) 88 ITR 407 / 211 TTJ 25 (UO) (Chd.) (Trib.)

S. 148 : Reassessment-Notice-Notice was not served-Approval granted was of mechanical manner-Legal issue-Additional ground was admitted-Reassessment proceedings is quashed. [S. 144, 147, 254(1), 282(1), Civil Procedure Code,1908, Order V rule 12, Order III rule 6]

Charanjit Kaur (Smt.) v. ITO (2021) 88 ITR 414 / 211 TTJ 614/ 201 DTR 185 (Chd.)(Trib.)

S. 147 : Reassessment-Jurisdiction-Notice issued by one Officer-Reassessment order was passed by another circle-No order by Competent Authority transferring case-Order was liable to be quashed. [S. 127(2), 144, 148]

Uttam Singh v. Dy. CIT(IT) (2021) 88 ITR (SN) 1 (Chd.)(Trib.)

S. 147 : Reassessment-Carbon credit-Capital receipt-Reassessment notice to contrary decision of High Court-Held to be in valid. [S. 4, 148]

Clarion Power Corporation Ltd. v. ACIT (2021) 88 ITR 3 (SN) (Hyd.) (Trib.)

S. 144 : Best judgment assessment-Ad-hoc disallowance on percentage basis-Books of account audited by chartered accountant-Ad-hoc disallowance was deleted [S. 37(1), 145(3)]

Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)

S. 143(2) : Assessment-Notice issued by the Assessing Officer not having jurisdiction over assessee-Additional ground admitted-Not curable defects u/s .292BB of the Act-Assessment order was quashed. [S. 127(4), 254(1), 292BB]

Golf View Homes Ltd. v. ACIT (2021)88 ITR 423 / 212 TTJ 472 / 207 DTR 199 (Bang.)(Trib.)

S. 115JB : Book profit-Provision created for premium payable on redemption of debentures-Ascertained liability-Not to be added to book profits.

ACIT v. Investment Trust of India Ltd. (2021) 88 ITR 566 / 211 TTJ 777 / 203 DTR 289 (Chennai) (Trib.) Dy. CIT v. HFCL Infotel Ltd. (2021) 88 ITR 566/ 211 TTJ 777 / 203 DTR 289 (Chennai)(Trib.)