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[2023] 101 ITR (Trib) 708 ( ITAT[Mum ])SHREE BHAIRAV SEVA SAMITI v. INCOME-TAX OFFICER (EXEMPTION) Release Date: February 17, 2023 Section(s): Income-tax Act, 1961, ss. 11, 12A(1)(b), 143(1), 154 Charitable purpose—Exemption—Failure to furnish audit report in form 10B by specified date due to new procedural and technical requirements of e-filin... [2022] 449 ITR 203 (SC)1. SINGAPORE AIRLINES LTD. (C. A. Nos. 6964 and 6965 of 2015) 2. KLM ROYAL DUTCH AIRLINES(C. A. Nos. 6966 and 6967 of 2015) v. COMMISSIONER OF INCOME-TAX BRITISH AIRWAYS PLC v. COMMISSIONER OF INCOME-TAX (TDS)(C. A. No. 6968 of 2015) Release Date: February 16, 2023 Section(s): Income-tax Act, 1961, ss. 194H, 201(1), 201(1A), 271C, 273B ; Contract Act, 1872, ss. 182, 215, 216 Deduction of tax at source—Commission—Definition—No distinction between direct and indirect payments—Principal-agent relationship to be seen from term... [2022] 449 ITR 192 ( SC )STATE BANK OF INDIA v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: February 15, 2023 Section(s): Income-tax Act, 1961, ss. 147, 148 Exemption—Leave travel concession—Conditions precedent for exemption—Travel must be from one designated place in India to another designated place wit... [2022] 447 ITR 757 ( SC )MANOJ B. JOSHI v. 8TH INCOME-TAX OFFICER AND OTHERS Release Date: January 6, 2023 Section(s): Income-tax Act, 1961, s. 2(24) Income or capital—Findings of fact that assessee entered into memorandum of understanding with developer who was to acquire land and construct flats—D... [2022] 447 ITR 743 ( Bom )GANGA IRON AND STEEL TRADING CO. v. COMMISSIONER OF INCOME-TAX Release Date: January 5, 2023 Section(s): Income-tax Act, 1961, ss. 260A, 271(1)(c) Penalty—Concealment of income or furnishing inaccurate particulars thereof—Notice—Validity—Notice must clearly specify nature of offence—Notice which ... [2022] 447 ITR 750 ( Ker )E. SHAMSUDEEN v. COMMISSIONER OF INCOME-TAX Release Date: January 4, 2023 Section(s): Income-tax Act, 1961, ss. 132, 143, 153A Search and seizure—Assessment in search cases—Scope of section 153A—Assessment under section 153A—Notice under section 143(2) not necessary—Income-tax... [2022] 99 ITR (Trib) 214 ( ITAT[Jai ])DEPUTY COMMISSIONER OF INCOME-TAX v. SMT. PALLAVI MISHRA Release Date: January 3, 2023 Section(s): Income-tax Act, 1961, ss. 132(1), 153A, 245D(4), 254, 246A Appeal to Appellate Tribunal—Power to admit additional grounds of appeal—Purely legal grounds challenging jurisdiction of Commissioner (Appeals)—Groun... [2022] 449 ITR 457 ( All )SANTOSH KRISHNA (HUF) v. UNION OF INDIA AND OTHERS Release Date: January 2, 2023 Section(s): Income-tax Act, 1961, ss. 147, 148 Reassessment—Notice—Limitation—Income Tax Business Application showing e-mail served at 5 am on April 1, after expiry of time—Notice and reassessment ... [2022] 449 ITR 439 ( SC )COMMISSIONER OF INCOME-TAX v. MANSUKH DYEING AND PRINTING MILLS Release Date: December 31, 2022 Section(s): Income-tax Act, 1961, ss. 2(47)(ii), 45(4), 47(ii), 50 Capital gains—Transfer—Charge of tax—Distribution of capital assets on account of dissolution of firm “or otherwise”—Dissolution of firm not essential... [2022] 99 ITR (Trib) 192 ( ITAT[Del ])SYSTRA SA (PROJECT OFFICE) v. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) Release Date: December 30, 2022 Appeal to Appellate Tribunal—Application for recall of ex parte order—Assessee not appearing before Tribunal under belief that adjournment application... [2022] 447 ITR 726 ( Mad )RAVIKUMAR DHANDHANIA v. INCOME-TAX OFFICER Release Date: December 29, 2022 Section(s): Income-tax Act, 1961, ss. 234A, 234B, 234C Returns—Advance tax—Interest payable under sections 234A, 234B and 234C—Interest on interest—Assessee liable to pay interest on interest—Income-tax Ac... [2022] 99 ITR (Trib) 194 ( ITAT[Amrit ])AMARNATH AGGARWAL BUILDERS PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: December 28, 2022 Section(s): Income-tax Act, 1961, s. 28 Business loss—Real estate business—Assessee with two other entities entering into an agreement for purchase of land—At time of entering into agreement... [2022] 449 ITR 425 ( Del )ERNST AND YOUNG U. S. LLP v. ASSISTANT COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) AND ANOTHER Release Date: December 28, 2022 Section(s): Income-tax Act, 1961, ss. 143(1), 147, 148, 148A(d) Reassessment—Notice—Original assessment by intimation—Fresh material not necessary for reopening assessment—Order for issue of notice valid—Income-tax... [2022] 99 ITR (Trib) (S.N.) 24 ( ITAT[Del ])INSTEL SERVICES PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (and vice versa) Release Date: December 27, 2022 Section(s): Income-tax Act, 1961, ss. 37, 143 Assessment—Scrutiny—Limited scrutiny to examine “high ratio of refund to tax deducted at source”—Examination should be of heads of receipts wherein cr... [2022] 99 ITR (Trib) (S.N.) 21 (ITAT[Varanasi])AAKAR HOUSING DEVELOPERS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: December 23, 2022 Section(s): Income-tax Act, 1961, s. 68 Cash credits—Burden of proof—Assessee carrying on business of construction of residential flats—Cash received from seventeen persons—Claim that owners... [2022] 447 ITR 662 ( SC )COMMISSIONER OF INCOME-TAX v. UTI BANK LTD. Release Date: December 22, 2022 Section(s): Income-tax Act, 1961, s. 14A Income—Disallowance of expenditure relating to exempt income—Disallowance without finding how much administrative expenditure incurred to earn exempt ... [2022] 447 ITR 663 (SC)DIRECTOR OF INCOME-TAX (EXEMPTIONS) v. MEENAKSHI AMMA ENDOWMENT TRUST Release Date: December 21, 2022 Section(s): Income-tax Act, 1961, s. 12AA(3) Charitable purpose—Registration—Application for—Authority to look to objects and activities of assessee—Denial for failure to start charitable activit... [2022] 447 ITR 661 ( SC )ASHOK LEYLAND LTD. v. COMMISSIONER OF INCOME-TAX Release Date: December 20, 2022 Section(s): Income-tax Act, 1961, s. 80HHC Export—Special deduction—Computation—Unabsorbed losses to be taken into account before computing special deduction—Income-tax Act, 1961, s.80HHC.... [2022] 447 ITR 659 ( SC )PRINCIPAL COMMISSIONER OF INCOME-TAX v. MEHNDIPUR BALAJI Release Date: December 19, 2022 Section(s): Income-tax Act, 1961, s. 153A Search and seizure—Assessment in search cases—Scope of section 153A—No mandatory requirement that assessment or reassessment should be based only on b... [2022] 447 ITR 517 (All)PRINCIPAL COMMISSIONER OF INCOME-TAX v. MEHNDIPUR BALAJI Release Date: December 16, 2022 Section(s): Income-tax Act, 1961, s. 153A Search and seizure—Assessment in search cases—Scope of section 153A—No mandatory requirement that assessment or reassessment should be based only on b... [2022] 100 ITR (Trib) 252 (ITAT[Del])INCOME-TAX OFFICER v. BABITA GUPTA Release Date: December 15, 2022 Section(s): Income-tax Act, 1961, s. 54B Capital gains—Exemption—Sale of agricultural land and purchase of agricultural land in same year—Second transaction made through unregistered sale agr... [2022] 447 ITR 372 ( SC )HARSHIT FOUNDATION SEHMALPUR JALALPUR JAUNPUR v. COMMISSIONER OF INCOME-TAX Release Date: December 14, 2022 Income-tax Act, 1961, s. 12AA(2) Charitable purpose—Registration—Application for—Failure by authority to dispose of application within six months—No deemed grant of registration—Incom... [2022] 448 ITR 594 (SC)NEW NOBLE EDUCATIONAL SOCIETY v. CHIEF COMMISSIONER OF INCOME-TAX AND ANOTHER 1. ST. AUGUSTINE EDUCATIONAL SOCIETY 2. ST. PATRICK EDUCATIONAL SOCIETY 3. SRI KOUNDINYA EDUCATIONAL SOCIETY 4. R. R. M. EDUCATIONAL SOCIETY v. CHIEF COMMISSIONER OF INCOME-TAX Release Date: December 13, 2022 Income-tax Act, 1961, ss. 2(15), 10(23C)(vi), 11(4A) Educational institution—Exemption—“Any university or other educational institution existing solely for educational purposes and not for purposes of pr... [2022] 447 ITR 1 (SC)PRINCIPAL COMMISSIONER OF INCOME-TAX v. 1. ABC PAPERS LTD. 2. KUANTUM PAPERS LTD. Release Date: December 12, 2022 Income-tax Act, 1961, ss. 116, 120, 124, 127, 252, 255, 260A, 269 Appeals—Certainty of appellate forum.... [2022] 98 ITR (Trib) (S.N.) 93 (ITAT[Mum])ESSEL MINING AND INDUSTRIES LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (and vice versa) Release Date: December 9, 2022 Income-tax Act, 1961, ss. 143(3), 147, 153C Search and seizure—Assessment of third person—No proceedings of assessee for assessment year 2008-09 pending on date of assumption of jurisdiction und... [2022] 98 ITR (Trib) 665 (ITAT[Jai])SHYAM GIDWANI v. INCOME-TAX OFFICER Release Date: December 8, 2022 Income-tax Act, 1961, ss. 68, 147, 148, 151 Reassessment—Notice after four years—Condition precedent—Sanction of prescribed authority—Sanction obtained from Joint Commissioner instead of Princip... [2022] 447 ITR 196 (Guj)KAMLESH RAJNIKANT SHAH v. PRINCIPAL COMMISSIONER OF INCOME-TAX AND OTHERS Release Date: December 7, 2022 Income-tax Act, 1961, s. 127 Transfer of case—Writ—Scope of section 127—Order under section 127 in nature of an administrative order—Order of transfer to facilitate investigation ... [2022] 98 ITR (Trib) 634 (ITAT[Del])DEPUTY COMMISSIONER OF INCOME-TAX v. SAHARA INDIA SAHKARI AWAS SAMITI LTD. (and vice versa) Release Date: December 6, 2022 Income-tax Act, 1961, s. 80-IB(10) Housing project—Special deduction—Conditions precedent—Condition as to extent of commercial space in housing project—Provision applicable prospectivel... [2022] 98 ITR (Trib) 650 (ITAT[Ahm])ASSISTANT COMMISSIONER OF INCOME-TAX v. KRISHNA COIL CUTTERS PVT. LTD. Release Date: December 5, 2022 Income-tax Act, 1961, s. 2(22)(e) Dividend—Deemed dividend—Loan to shareholder—Provision not attracted where lending of money constitutes substantial part of business of company—Lender... [2022] 98 ITR (Trib) 610 (ITAT[Chand])RAJINDER CHAUHAN v. PRINCIPAL COMMISSIONER OF INCOME-TAX Release Date: December 2, 2022 Income-tax Act, 1961, s. 263 Revision—Erroneous and prejudicial to Revenue—Reopening based on audit objection—Failure by Principal Commissioner to give independent finding—Mechani... [2022] 447 ITR 29 (All)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. JUBILANT FOODWORKS LTD Release Date: December 1, 2022 Income-tax Act, 1961, s. 37(1) Business expenditure—Capital or revenue expenditure—Expenditure on improvements in leased premises to run fast food business—Findings of appellate aut... [2022] 447 ITR 0040 (Del)JONES LNG LASALLE PROPERTY CONSULTANTS (INDIA) PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (TDS) AND ANOTHER Release Date: November 30, 2022 Income-tax Act, 1961, ss. 154, 197, 237 Deduction of tax at source—Application for nil deduction or deduction at lower rate—Rectification of order—Refund—Application for withholding of tax a... [2022] 448 ITR 0667 (ITAT[Del])MAHASHIAN DI HATTI PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: November 29, 2022 Income-tax Act, 1961, ss. 148, 148A(b), 148A(d) Reassessment—Notice—Show-cause notice—Details of bogus entities from which assessee was alleged to have made purchases not furnished in show-cause not... [2022] 448 ITR 0671 (ITAT[Del])CATCHY PROP-BUILD PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX AND OTHERS Release Date: November 28, 2022 Income-tax Act, 1961, ss. 147, 148, 148A(b), 148A(d) Reassessment—Notice—Change of law—New procedure—Show-cause notice—Mandatory condition—Foundational allegation in respect of share transactions missing... [2022] 97 ITR (Trib) (S.N.) 67 (ITAT[Del])ASSISTANT COMMISSIONER OF INCOME-TAX v. SMB SECURITIES LTD. Release Date: November 25, 2022 Income-tax Act, 1961, s. 68 Cash credits—Unsecured loans—Finding that assessee was registered as non-banking finance company and had disbursed money borrowed from three companies... [2022] 98 ITR (Trib) (S.N.) 59 (ITAT[Chen])DEPUTY COMMISSIONER OF INCOME-TAX v. COOPER STANDARD AUTOMOTIVE INDIA P. LTD. Release Date: November 24, 2022 Income-tax Act, 1961, ss. 028(iv), 041(1) Business income—Capital or revenue receipt—Remission or cessation of trading liability—Assets and liabilities of subsidiary absorbed by holding compan... [2022] 98 ITR (Trib) 200 (ITAT[Jai])MAHAVEER PRASAD AGARWAL v.DEPUTY COMMISSIONER OF INCOME-TAX Release Date: November 23, 2022 Income-tax Act, 1961, ss. 271AAB, 274 Penalty—Penalty in search cases—Undisclosed income—Assessee surrendering additional income—Assessing Officer without mentioning specific charge or lim... [2022] 99 ITR (Trib) 620 (ITAT[Del])1. DWARKA PORTFOLIO PVT. LTD.(I. T. A. No. 2563/Delhi/2017) 2. SHASTRI BUILDCON P. LTD.(I. T. A. No. 2868/Delhi/2019) 3. VAVASI TELEGENCE P. LTD. (I. T. A. No. 5338/Delhi/2011) v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: November 18, 2022 Income-tax Act, 1961, ss. 068, 179 Company—Private company—Recovery of tax—Company struck off from Register—Arrears of Income-tax due—Appeal to Tribunal does not become infructuous—Stat... [2022] 448 ITR 332 (Cal)PRINCIPAL COMMISSIONER OF INCOME-TAX v. SREELEATHERS Release Date: November 17, 2022 Income-tax Act, 1961, s. 068 Cash credits—Condition precedent for application of section 68—Explanation for credits offered by assessee—Burden of proof on Revenue to establish tha... [2022] 99 ITR (Trib) 422 (ITAT[Jai])1. JR INDUSTRIES (I. T. A. No. 26/JP/2021) 2. OM INDUSTRIES(I. T. A. No. 27/JP/2021) 3. VIKAS OIL PRODUCT(I. T. A. No. 28/JP/2021) v. PRINCIPAL COMMISSIONER OF INCOME-TAXSREELEATHERS Release Date: November 16, 2022 Income-tax Act, 1961, s. 263 Revision—Commissioner—Jurisdiction—Only in respect of issues not considered and decided by Commissioner (Appeals)—Assessing Officer charging only 25 p... [2022] 98 ITR (Trib) (S.N.) 21 (ITAT[Pune])RANGANATH SALKE v. ADDITIONAL COMMISSIONER OF INCOME-TAX Release Date: November 15, 2022 Agricultural income—Exemption—Onus on assessee to prove genuineness of exempt income—Assessee claiming onions sold to exporters but not filing single ... [2022] 98 ITR (Trib) 79 (ITAT[Pat])PUSHPA SINGH v. PRINCIPAL COMMISSIONER OF INCOME-TAX Release Date: November 14, 2022 Income-tax Act, 1961, ss. 147, 263 Reassessment—Scope of provisions—Assessing Officer not making addition on issue for which it was reopened—No other addition can be made—Income-tax Act... [2022] 98 ITR (Trib) (S.N.) 19 (ITAT[Ahm])BIMAL KESHAVLAL PATEL v. PRINCIPAL COMMISSIONER OF INCOME-TAX Release Date: November 13, 2022 Income-tax Act, 1961, ss. 056(2)(vii)(b), 263 Revision—Erroneous and prejudicial to Revenue—Purchase of property by assessee—Principal Commissioner setting aside order for considering applicabilit... [2022] 98 ITR (Trib) 1 (ITAT[Amrit])NAVDEEP SOOD v. INCOME-TAX OFFICER Release Date: November 12, 2022 Cash credits—Cash deposits in savings bank account—Failure by assessee to give explanation about source of deposits—Assessing Officer treating cash de... [2022] 99 ITR (Trib) 522 (ITAT[Chand])NEW TRUCK OPERATORS UNION v. INCOME-TAX OFFICER Release Date: November 11, 2022 Income—Estimation of net profit—Failure by assessee to produce books of account and original vouchers pertaining to income and expenditure—Assessing O... [2022] 448 ITR 303 (Bom)HALITE PERSONAL CARE INDIA PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX AND OTHERS Release Date: November 10, 2022 Income-tax Act, 1961, ss. 147, 148 Reassessment—Notice after four years—Condition precedent—Failure to disclose truly and fully all material facts necessary for assessment—Notice based ... [2022] 446 ITR 511 (Raj)URMILA v. INCOME-TAX OFFICER Release Date: November 9, 2022 Income-tax Act, 1961, ss. 147, 148, 148A, 149 Reassessment—Notice—Initiation of proceedings before issue of notice providing opportunity—Request for adjournment to file response not granted—Assess... [2022] 446 ITR 513 (Del)PRITI NANDA v. COMMISSIONER OF INCOME-TAX (APPEALS) AND ANOTHER Release Date: November 8, 2022 Income-tax Act, 1961, s. 226 Appeal to Commissioner (Appeals)—Recovery of tax—Freezing of bank accounts and demand recovered while appeal against assessment order pending before C... [2022] 446 ITR 723 (Ker)JOSEPH THANNIKOTTU KORAH v. PRINCIPAL COMMISSIONER OF INCOME-TAX Release Date: November 7, 2022 Cash credit—Burden on assessee to prove source of cash credit—Failure to discharge burden—Addition to total income justified—Income-tax Act, 1961.... [2022] 446 ITR 712 (Kar)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. J. J. GLASTRONICS PVT. LTD. Release Date: November 6, 2022 Income-tax Act, 1961, ss. 014A, 115JB, 154 Company—Computation of book profits—Effect of section 115JB—Amounts disallowed under section 14A cannot be added back to book profits—Income-tax Act, ... [2022] 99 ITR (Trib) 451 (ITAT[Chand])ROOP SQUARE P. LTD. v .ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: November 5, 2022 Income-tax Act, 1961, ss. 068, 145(3) Search and seizure—Assessment in search cases—Accounting—Rejection of books of account—No defect pointed out by Assessing Officer in books of account—... [2022] 98 ITR (Trib) (S.N.) 1 (ITAT[Bang])BOSCH LTD. v. COMMISSIONER OF INCOME-TAX, LTU Release Date: November 4, 2022 Income-tax Act, 1961, ss. 032AC, 263 Revision—Erroneous and prejudicial to Revenue—Business expenditure—Investment in new plant and machinery—New provision—No direct judicial precedent in... [2022] 97 ITR (Trib) 601 (ITAT[Luck])SATISH COLD STORAGE v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: November 3, 2022 Income-tax Act, 1961, ss. 080IB, 143(1), 154 Industrial undertaking—Special deduction—Rectification of mistake—Mistake apparent from record—Failure to file form 10CCB with return of income—Form f... [2022] 97 ITR (Trib) 587 (ITAT[Chand])INCOME-TAX OFFICER v. MOHINDER PAL SINGLA Release Date: November 2, 2022 Income-tax Act, 1961, s. 041(1) Appeal to Commissioner (Appeals)—Condonation of delay—Delay in filing appeal due to non-service of assessment order—Reasonable cause for delay—Delay c... [2022] 96 ITR (Trib) 435 (ITAT[Chand])GAYATRI PARIVAR TRUST BHORANJ v. COMMISSIONER OF INCOME-TAX (EXEMPTIONS) Release Date: November 1, 2022 Income-tax Act, 1961, ss. 012AA, 080G(5)(vi) Donation to charitable institution—Application for approval of institution—Objects of trust not religious in nature—Assessee-trust enjoying benefit of... [2022] 97 ITR (Trib) 389 (ITAT[Chand])SMT. TRIPTA RANI v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: October 31, 2022 Income-tax Act, 1961, s. 069A Search and seizure—Assessment in search cases—Assessment of third person—Unexplained money—No incriminating material regarding assessee found during s... [2022] 96 ITR (Trib) (S.N.) 71 (ITAT[Surat])K. PATEL INTERNATIONAL v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: October 30, 2022 Income-tax Act, 1961, s. 036(1)(iii) Bad debt—Advance for purchase of material for stock-in-trade—Amount written off—To be allowed—Income-tax Act, 1961, s.36(1)(iii).... [2022] 96 ITR (Trib) 24 (ITAT[Viskha])ASSISTANT COMMISSIONER OF INCOME-TAX v. HIRAPANNA JEWELLERS Release Date: October 29, 2022 Income-tax Act, 1961, ss. 068, 115BBE Cash credit—Unexplained money—Cash sales following demonetisation announced by Government—Sales accounted and brought to tax—Stock register and on-han... [2022] 445 ITR 390 (Del)S. K. SRIVASTAVA v. CENTRAL BOARD OF DIRECT TAXES AND OTHERS Release Date: October 28, 2022 Income-tax Act, 1961, ss. 139A, 144B ; Constitution of India, s. 226 Assessment—Faceless assessment—Scope of—Scheme of faceless assessment legal and valid—Income-tax Act, 1961, s.144B.... [2022] 445 ITR 450 (Ker)MUTHUKOYA T. v. COMMISSIONER OF INCOME-TAX AND OTHERS Release Date: October 27, 2022 Income-tax Act, 1961, s. 131 Income-tax survey—Impounding of documents—Retention of such documents—Effect of section 131—Retention beyond fifteen days only after approval of highe... [2022] 446 ITR 308 (Kar)R. RAMAKRISHNAN v. CENTRAL BOARD OF DIRECT TAXES AND ANOTHER Release Date: October 26, 2022 Income-tax Act, 1961, s. 119(2)(b) Central Board of Direct Taxes—Condonation of delay—Delay in filing application before Board—Circular dated 9-6-2015[1]prescribing limitation period of... [2022] 446 ITR 278 (Guj)SARDAR VALLABHBHAI PATEL EDUCATION SOCIETY v. INCOME-TAX OFFICER Release Date: October 24, 2022 Income-tax Act, 1961, ss. 147, 148 Reassessment—Notice—Validity—Condition precedent for notice—Tangible material to show escapement of income from tax—No evidence of such material—Notic... [2022] 446 ITR 275 (Telangana)APR JEWELLERS PVT. LTD. v. COMMISSIONER OF INCOME-TAX (APPEALS) AND ANOTHER Release Date: October 23, 2022 Income-tax Act, 1961, ss. 220(6), 246A Recovery of tax—Stay of demand—Appeal to Commissioner (Appeals)—Power to grant stay—Commissioner (Appeals) being quasi-judicial authority is not bound... [2022] 99 ITR (Trib) 233 (ITAT[Raipur])TOPWORTH URJA AND METAL LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: October 22, 2022 Income-tax Act, 1961, s. 249(4) Appeal to Commissioner (Appeals)—Failure to file return either under section139(1)or under section153Aon account of financial difficulties—Commissione... [2022] 99 ITR (Trib) 241 (ITAT[Chand])DSG PAPERS PVT. LTD. v. ASSISTANT/DEPUTY COMMISSIONER OF INCOME-TAX Release Date: October 21, 2022 Search and seizure—Assessment in search cases—Information received from Goods and Services Tax Department that assessee indulging in underinvoicing an... [1993] 203 ITR 456 (SC)PHOOL CHAND BAJRANG LAL AND ANOTHER v. INCOME-TAX OFFICER AND ANOTHER Release Date: October 21, 2022 Income-tax Act, 1961, ss. 149, 148, 147(a) Reassessment—Scope of section 147(a)—Failure to disclose fully and truly material facts—Cash loan claimed to be taken by assessee from company—Accepte... [2022] 446 ITR 18 (SC)PRINCIPAL DIRECTOR OF INCOME-TAX (INVESTIGATION) AND OTHERS v. LALJIBHAI KANJIBHAI MANDALIA Release Date: October 20, 2022 Income-tax Act, 1961, s. 132 ; Constitution of India, s. 226 Search and seizure—Warrant of authorisation—Scope of judicial review—‘‘Reason to believe”—General principles governing—Adequacy of reasons not within ... [2022] 97 ITR (Trib) (S.N.) 76 (ITAT[Chen])DAESEUNG AUTOPARTS INDIA PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: October 19, 2022 Income-tax Act, 1961, ss. 032(1)(iia), 043A Depreciation—Additional depreciation—Allowable only in year of acquisition and installation of new plant and machinery and not in subsequent years—Cap... [2022] 446 ITR 1 (SC)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. WIPRO LTD. Release Date: October 18, 2022 Income-tax Act, 1961, ss. 010B(5), 010B(8), 072, 080, 139(1), 139(3), 139(5) Export—Exemption—100 per cent. export-oriented undertaking—Conditions precedent for claiming exemption—Declaration to be furnished to Assessing Office... [2022] 446 ITR 56 (Cal)PRINCIPAL COMMISSIONER OF INCOME-TAX v. SWATI BAJAJ Release Date: October 17, 2022 Income-tax Act, 1961, ss. 068, 260A, 263 Income from undisclosed sources—Capital gains—Long-term and short-term capital gains—Discovery of large number of fraudulent transactions with penny s... [2022] 445 ITR 622 (Raj)RAJENDRA KUMAR v. ASSISTANT COMMISSIONER OF INCOME-TAX AND ANOTHER Release Date: October 16, 2022 Income-tax Act, 1961, ss. 220, 222, 223, 245 ; Constitution of India, ss. 014, 019, 265 Recovery of tax—Refund—Adjustment of refund against tax dues—Effect of filing appeal—Assessee must be given information regarding proposed adjustment—... [2022] 97 ITR (Trib) 706 (ITAT[Jai])SHRI JEEN MATA BUILDCON PVT. LTD. v. INCOME-TAX OFFICER Release Date: October 15, 2022 Income-tax Act, 1961, s. 133(6) Unexplained expenditure—No defect found in assessee’s books of account—Contract receipt reflected in subsequent year according to method of accounting... [2022] 97 ITR (Trib) (S.N.) 63 (ITAT[Mum])NITIN A. SHAH v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: October 14, 2022 Income-tax Act, 1961, ss. 131, 133A Assessment—Income-tax survey—Income from undisclosed sources—Addition for cash component of interest made solely on basis of statement of assessee rec... [1976] 103 ITR 437 (SC)INCOME-TAX OFFICER, I WARD, DISTT. VI, CALCUTTA, AND OTHERS v. LAKHMANI MEWAL DAS Release Date: October 13, 2022 Income Tax Act, 1961, ss. 147(a), 148 ; Indian Income-tax Act, 1922, ss. 034(1)(a), 034(1)(b) Reassessment—Notice after 4 years—Conditions precedent—Reasons for belief—Necessity of live link between material and belief—Interest allowed as deduc... [2010] 320 ITR 561 (SC)COMMISSIONER OF INCOME-TAX v. (1) KELVINATOR OF INDIA LTD.(C. A. Nos. 2009-2011 of 2003) (2) EICHER LTD.(C. A. No. 2520 of 2008) Release Date: October 12, 2022 Income-tax Act, 1961, s. 147 Reassessment—Opinion and reason to believe that income has escaped assessment to be recorded—After amendment in 1989 only one condition remained, viz.... [2022] 447 ITR 455 (Jhar)TATA CUMMINS PVT. LTD. v. UNION OF INDIA AND OTHERS Release Date: October 11, 2022 Income-tax Act, 1961, s. 245 Refund—Adjustment of refund due to assessee against amounts due from assessee—Effect of section 245—Prior intimation to assessee mandatory—Income-tax ... [1962] 46 ITR 649 (SC)COMMISSIONER OF INCOME-TAX, MYSORE v. MYSORE SUGAR CO. LTD. Release Date: October 10, 2022 Indian Income-tax Act, 1922, ss. 010(2)(xv), 010(2)(xi) Loss—Capital loss and trading loss—Company manufacturing sugar—Advance of seedlings, fertilisers and money to sugarcane growers to be adjusted towards... [2022] 97 ITR (Trib) (S.N.) 49 (ITAT[Pune])DEPUTY COMMISSIONER OF INCOME-TAX v. KISHOR SHANKAR GARVE Release Date: October 9, 2022 Income-tax Act, 1961, ss. 080A(5), 080IB(10), 154 Return of income—Revised return—Housing project—Special deduction—Condition precedent—Claim should be made in return—Claim made in original return but... [2022] 447 ITR 444 (Kar)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. ENNOBLE CONSTRUCTION Release Date: October 8, 2022 Income-tax Act, 1961, ss. 037, 131, 260A Business expenditure—Expenditure wholly and exclusively incurred for business—Burden of proof—Quantum and quality of evidentiary material to discharge... [2022] 447 ITR 444 (Kar)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. ENNOBLE CONSTRUCTION Release Date: October 8, 2022 Income-tax Act, 1961, ss. 037, 131, 260A Business expenditure—Expenditure wholly and exclusively incurred for business—Burden of proof—Quantum and quality of evidentiary material to discharge... [2022] 97 ITR (Trib) 597 (ITAT[Del])INCOME-TAX OFFICER v. CHETAN SETH Release Date: October 7, 2022 Income-tax Act, 1961, ss. 002(22)(e), 271(1)(c) Penalty—Concealment of income or furnishing inaccurate particulars of income—Assessee, a shareholder in two companies—Deemed dividend—Deemed dividend ... [2022] 445 ITR 468 (Kar)PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. MPHASIS SOFTWARE AND SERVICES (INDIA) PVT. LTD. Release Date: October 6, 2022 Income-tax Act, 1961, s. 154 ; Income-tax Rules, 1962, s. 008D Rectification of mistake—Disallowance of expenditure in relation to income not forming part of total income—Condition precedent—Recording of satisfact... [2022] 445 ITR 474 (P&H)ASHWANI KUMAR v. INCOME-TAX OFFICER Release Date: October 5, 2022 Income-tax Act, 1961, ss. 057, 058 Recovery of tax—Attachment and sale of immovable property—Auction sale of immovable property—Procedure—Effect of rules 57 and 58 of Schedule II—Amount... [2022] 97 ITR (Trib) 421 (ITAT[Del])INCOME-TAX OFFICER v. RAMESH CHAND Release Date: October 4, 2022 Income-tax Act, 1961, ss. 068, 133(6) Undisclosed investment—Difference between stocks figures and cash position shown in statement furnished to bank and in books of account—Value enhanced... [2022] 447 ITR 299 (Del)PRINCIPAL COMMISSIONER OF INCOME-TAX v. FUTURE FIRST INFO. SERVICES PVT. LTD. Release Date: October 3, 2022 Income-tax Act, 1961, ss. 037, 040(a)(ia), 197(1), 201 Business expenditure—Disallowance—Deduction of tax at source—Remuneration paid to director of assessee—Shortfall in tax deducted at source—No disallow... [2022] 447 ITR 305 (Del)PRINCIPAL COMMISSIONER OF INCOME-TAX v. BHADANI FINANCIERS PVT. LTD. (and connected appeals) Release Date: October 2, 2022 Income-tax Act, 1961, ss. 068, 069, 132, 153A, 254, 260A Search and seizure—Assessment under section 153A—Cash credits—Unexplained expenses—Assessments completed and final as on date of search—No incriminati... [2022] 97 ITR (Trib) (S.N.) 28 (ITAT[Pune])BHUPENDRA K. PATHAK v. INCOME-TAX OFFICER Release Date: October 1, 2022 Income-tax Act, 1961, ss. 143(2), 147, 148, 292BB Reassessment—Jurisdiction—Condition precedent—Issuance of notice under section143(2)after filing of return by assessee—Failure to issue such notice—Re... [2022] 97 ITR (Trib) 245 (ITAT[Hyd])ASSISTANT COMMISSIONER OF INCOME-TAX v. ABIR INFRASTRUCTURE PVT. LTD. Release Date: September 30, 2022 Income-tax Act, 1961, ss. 147, 148 Reassessment—Notice—Validity—Notice after four years—Condition precedent for reopening assessment—No allegation in reasons recorded for notice of fail... [2022] 97 ITR (Trib) 149 (ITAT[Chand])SMT. JAGMOHAN KAUR BAJWA (legal heir of Lt. Jaskiran Singh Bajwa) v. INCOME-TAX OFFICER Release Date: September 29, 2022 Income-tax Act, 1961, s. 069A Unexplained money—Burden of proof—Transfer of money from relatives—Entries recorded in books of account maintained by assessee and explanation relatin... [2022] 97 ITR (Trib) 129 (ITAT[Amrit])H. R. INTERNATIONAL v. PRINCIPAL COMMISSIONER OF INCOME-TAX Release Date: September 28, 2022 Income-tax Act, 1961, ss. 040(b)(v), 263 Revision—Erroneous and prejudicial to Revenue—Business expenditure—Disallowance—Firm—Remuneration to partners—Specific salary quantified in partnershi... [2022] 97 ITR (Trib) 210 (ITAT[Del])ASTRAL PROPERTIES AND CONSTRUCTIONS PVT. LTD. v. INCOME-TAX OFFICER Release Date: September 27, 2022 Income-tax Act, 1961, ss. 069, 147, 148 Reassessment—Notice—Validity—Return of income not filed for year in question—Assessee admitting it had made investment in company—Assessing Officer re... [2022] 97 ITR (Trib) (S.N.) 17 (ITAT[Chen])ASSISTANT COMMISSIONER OF INCOME-TAX v. VENDHAR MOVIES Release Date: September 26, 2022 Income-tax Act, 1961, s. 069C Search and seizure—Undisclosed income—Undisclosed income declared during search credited to profit and loss account—Expenditure claimed to have been i... [2022] 97 ITR (Trib) (S.N.) 12 (ITAT[Ahm])CHIRAI SALT (INDIA) PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: September 25, 2022
Income from undisclosed sources—Undervaluation of stock—Opening stock of raw material valued at lower average rate than that admitted during survey, w... [2022] 445 ITR 300 (Guj)ORIENTAL INSURANCE CO. LTD. v. CHIEF COMMISSIONER OF INCOME-TAX (TDS) Release Date: September 24, 2022 Income-tax Act, 1961, s. 194A Deduction of tax at source—Interest—Interest awarded by Motor Accidents’ Tribunal under Motor Vehicles Act—Not income—Tax not deductible at source on ... [2022] 98 ITR (Trib) 505 (ITAT[Mum])R. S. DIAMONDS INDIA P. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: September 23, 2022 Income-tax Act, 1961, s. 068 Cash credits—Burden of proof—Assessee trading in diamonds—Deposit of cash during demonetisation period—Cash balance available in books of account incl... [2022] 447 ITR 92 (Del)PRINCIPAL COMMISSIONER OF INCOME-TAX v. ELEL HOTELS AND INVESTMENTS LTD. Release Date: September 22, 2022 Income-tax Act, 1961, s. 037 Business expenditure—Compensation—Capital or revenue expenditure—Assessee owner of hotel managed by third party under agreement—Compensation paid towa... [2022] 96 ITR (Trib) (S.N.) 62 (ITAT[Del])1. UNIFIED INFRASTRUCTURE PVT. LTD. (I. T. A. No. 1917/Delhi/2015) 2. UNIFIED DEVELOPERS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: September 21, 2022 Income-tax Act, 1961, ss. 143(1), 143(2), 153A(1) Search and seizure—Assessment in search cases—No notice issued on original return filed by assessee for assessment year up to period laid down for mak... [2022] 445 ITR 296 (Mad)G. RAVISANKAR v. INCOME-TAX OFFICER Release Date: September 20, 2022 Income-tax Act, 1961, s. 148A(b) Reassessment—Notice—Validity—Effect of section 148A(b)—Assessee must be given a minimum of seven days to reply to notice—Minimum period not given—Noti... [2022] 445 ITR 220 (Mad)K. M. MAMMEN v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: September 19, 2022 Income-tax Act, 1961, ss. 250(6), 273A, 276(1), 277, 279(1A) Offences and prosecution—Wilful evasion of tax—Limitation for filing criminal complaint—Concealment of income in foreign bank—Economic offence—No limi... [2022] 97 ITR (Trib) (S.N.) 7 (ITAT[Kolk])JOINT COMMISSIONER OF INCOME-TAX (OSD) v. ADITYA KUMAR SINGHANIA Release Date: September 18, 2022 Income-tax Act, 1961, s. 010(2A) Exemption—Profits from partnership—Assessee a partner of limited liability partnership—Assessee an expert in field of investments in shares and securi... [2022] 445 ITR 27 (Bom)RENAISSANCE SERVICES BV v. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) AND ANOTHER Release Date: September 17, 2022 Income-tax Act, 1961, s. 144C Assessment—Draft assessment order—Limitation—Effect of Circular No. 8 of 2021[1]and Notification No. 74 of 2021[2]—Circular and notification do not ex... [2022] 445 ITR 110 (Bom)DINESH VAZIRANI v. PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER Release Date: September 16, 2022 Income-tax Act, 1961, ss. 045, 048, 240, 264 Capital gains—Full value of consideration—Deductions—Consideration on sale of shares including sum held in escrow account offered to tax—Assessee rece... [2022] 445 ITR 17 (Mad)1. MRS. NOORJAHAN (Crl. O. P. No. 2616 of 2020) 2. AMK SOLUTIONS PRIVATE LTD. AND ANOTHER (Crl. O. P. No. 2781 of 2020) v. DEPUTY COMMISSIONER OF INCOME-TAX Release Date: September 15, 2022 Income-tax Act, 1961, ss. 276C, 278E Offences and prosecution—Wilful attempt to evade tax—Presumption of culpable mental state under section 278E—Self-assessment return filed—Delay in pay... [2022] 98 ITR (Trib) 459 (ITAT[Ahm])RAJVEE TRACTORS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX Release Date: September 14, 2022 Income-tax Act, 1961, ss. 050C, 133A Income-tax survey—Capital gains—Sale of land disclosed in return—Survey operation at buyer’s premises—Draft sale deed found showing different sale con... [2022] 445 ITR 1 (Del)MEENU CHAUFLA v. INCOME-TAX OFFICER Release Date: September 13, 2022 Income-tax Act, 1961, ss. 148, 148A(b), 148A(c), 148A(d) Reassessment—Notice—Show-cause notice issued—Assessee requesting for extension of time for submission of reply—Duty of Assessing Officer—Order passed ... [2022] 98 ITR (Trib) 331 (ITAT[Del])JEET SINGH v. INCOME-TAX OFFICER Release Date: September 12, 2022 Income-tax Act, 1961, ss. 147, 148 Reassessment—Validity—Assessing Officer not making any addition on ground for which assessment was reopened, but making addition on another ground—Rea... [2022] 98 ITR (Trib) 345 (ITAT[Raipur])ASSISTANT COMMISSIONER OF INCOME-TAX v. PRAVEEN SUSHIL KANDA Release Date: September 11, 2022 Income-tax Act, 1961, ss. 035(1)(ii), 040A(2)(b) Scientific research expenditure—Deduction—Approval of institution—Donation made to institution for scientific research—Withdrawal of approval granted ... [2022] 98 ITR (Trib) 356 (ITAT[Jai])DISTRICT PROJECT OFFICER v. INCOME-TAX OFFICER (TDS) Release Date: September 10, 2022 Income-tax Act, 1961, ss. 194C, 194J, 201(1), 201(1A) Deduction of tax at source—Payments to contractors—Failure to deduct—Assessee entering into contract for supply and installation of solar photovoltaic... [2022] 446 ITR 748 (Bom)ALOK KNIT EXPORTS LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX AND OTHERS Release Date: September 9, 2022 Income-tax Act, 1961, ss. 147, 148, 292B Reassessment—Notice—Removal of defects—Amalgamation of companies—Department having knowledge of amalgamation before issuing notice—Amalgamating compan... [2022] 446 ITR 563 (All)G. P. ENGINEERING WORKS KACHHWA AND OTHERS v. UNION OF INDIA AND OTHERS Release Date: September 8, 2022 Income-tax Act, 1961, ss. 276C, 277, 278B, 279(2) Company—Offences and prosecution—Wilful attempt to evade tax—Application for compounding of offences—Limitation—Show-cause notice issued for rejection... [2022] 96 ITR (Trib) (S.N.) 39 (ITAT[Pune])ASSISTANT COMMISSIONER OF INCOME-TAX v. RAJMAL MANIKCHAND AND CO. Release Date: September 7, 2022 Closing stock—Valuation—Jewellery business—“Last in first out” system of accounting—Last purchase made first sold—Assessee consistently valuing its st... [2022] 96 ITR (Trib) (S.N.) 34 (ITAT[Chen])CARMEL SOFTECH PVT. LTD. v. INCOME-TAX OFFICER Release Date: September 6, 2022 Income-tax Act, 1961, s. 040A(2)(b) Business expenditure—Disallowance—Excessive and unreasonable payments—Remuneration of directors of private company—Assessing Officer not carrying out ... [2022] 96 ITR (Trib) (S.N.) 3 (ITAT[Pune])JAYAWANT GAJANAN SUTAR v. INCOME-TAX OFFICER Release Date: September 5, 2022 Income-tax Act, 1961, s. 054 Precedent—High Court—Difference of opinion among High Courts—Tribunal bound by view of jurisdictional High Court.... [2022] 96 ITR (Trib) (S.N.) 51 (ITAT[Raipur])VISION MINES AND MINERALS PVT. LTD. v. INCOME-TAX OFFICER Release Date: September 3, 2022 Income-tax Act, 1961, s. 068 Cash credit—Share application moneys—Amount credited in assessee’s bank account and credit shown in books of account of assessee in previous year rele... [2022] 444 ITR 60 (Telangana)THRISSUR EXPRESSWAY LTD. v. INCOME-TAX OFFICER AND OTHERS Release Date: September 2, 2022 Income-tax Act, 1961, ss. 143(3), 144B, 156, 220(6), 246A Recovery of tax—Stay of recovery—Appeal to Commissioner (Appeals)—Application for stay of demand rejected by Assessing Officer on ground that assessee... [2022] 444 ITR 65 (Bom)FARMACIA MOLIO v. INCOME-TAX OFFICER AND ANOTHER Release Date: September 1, 2022 Income-tax Act, 1961, ss. 068, 139, 147, 148 ; Constitution of india, s. 226 Reassessment—Notice—Reason to believe that income has escaped assessment—Failure to file return of income by assessee—Cash deposits made in bank under... [2022] 96 ITR (Trib) 318 (ITAT[Luck])DEPUTY COMMISSIONER OF INCOME-TAX v. 1. SIGMA CASTINGS LTD. (M. A. Nos. 1 to 5/Lkw/2021) 2. PARAS CASTINGS AND ALLOYS (P.) LTD. (M. A. Nos. 6 to 8/Lkw/2021) 3. KUNDAN CASTINGS (P.) LTD. (M. A. Nos. 9 to 12/Lkw/2021) Release Date: August 31, 2022 Income-tax Act, 1961, s. 254(2) Appeal to Appellate Tribunal—Delay in filing appeal—Due to pandemic situation Supreme Court excluding period from 15-3-2020 till 28-2-2022 for purpose... [2022] 96 ITR (Trib) (S.N.) 21 (ITAT[Amrit])GUNWANT KAUR v. COMMISSIONER OF INCOME-TAX Release Date: August 30, 2022 Income-tax Act, 1961, ss. 056(2)(viii), 057(iv), 143(2) Assessment—Notice—Validity—Notice issued by Assessing Officer by e-mail and affixture on same date—Notice served through e-mail taken as delivered on ... |
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