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Section 147: Assessee cannot be put to mercies of careless, casual, arbitrary or whimsical exercise of power

May 25, 2021 2814 Views 2 comments Print

Simar Kaur Vs ACIT (ITAT Chandigarh) It is seen that the assessee has consistently maintained its challenge that notice was not issued as it has not been served. The tax authorities have rejected the challenge holding that non-receipt is not equivalent to non-service. It is seen that though the challenge is recorded the wording in […]

Non Disposal of Objections Before Concluding of Assessment With Separate Speaking Order Makes Assessment Nullity

May 24, 2021 5922 Views 0 comment Print

Duggal Estates Pvt. Ltd. Vs ITO (ITAT Delhi) From the reasons it can be seen that the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee to the tune of 1 crore has escaped assessment. In fact, in one para […]

AO cannot revisit his conclusions at the stage of passing the final order

May 24, 2021 6516 Views 0 comment Print

Galaxy Surfactants Limited Vs ACIT (ITAT Mumbai) Once an Assessing Officer prepares a draft assessment order, that is the end of his domain of powers so far as framing of assessment is concerned- unless of course there are any directions from the Dispute Resolution Panel which are required to be implemented by the Assessing Officer. […]

Disallowance under section 14A cannot exceed exempt income

May 24, 2021 2616 Views 0 comment Print

DLF Universal Ltd Vs DCIT (ITAT Delhi) Ld AO has applied 0.5% of investment of Rs. 53.51 crores whereas the ld CIT(A) restricting 0.5% only Rs. 30.84 holding that balance investment of approximately Rs. 22 crores was made in the subsidiary companies and there was no intention of earning any dividend income. The ld CIT(A) […]

Tax Neutral Section 263 order passed by CIT is liable to be Quashed

May 24, 2021 1884 Views 0 comment Print

Pooja Marketing Vs. Pr. CIT (ITAT Mumbai) In the present case before us, the assessee had offered its entire income including income by way of winnings from lotteries on unsold lottery tickets, as income chargeable under the head ―Profits and gains of business or profession“. However, the ld PCIT had sought to treat the income […]

Section 147 or 153C Assessment – Search from 3rd party premises – Unexplained Money addition under Section 69A

May 24, 2021 10443 Views 0 comment Print

ACIT Vs. K. S. Chawla & Sons (HUF) (ITAT Delhi) > HELD THAT:- In the present assessee’s case, search & seizure action u/s 132 of the Act was carried out on 15.10.2009 in the premises of Mr. Abhinav Arora and Mrs. Ranju Arora. Consequently, the Assessing Officer initiated reassessment proceedings u/s 147 of the Act […]

Mere filing of Review petition does not obliterate ratio laid down in judgment under review

May 24, 2021 2514 Views 0 comment Print

Ganpati Zilla Krishi Audyogik Sar Seva Sahakari Society Ltd. Vs ITO (ITAT Pune) The contention of Ld. AR that a Review petition has been filed before the Hon’ble Supreme Court against the judgment in the case of CIT Vs Tasgaon SSK Ltd. (2019) 412 ITR 420 (SC) which is still pending and hence the decision […]

Conversion of limited scrutiny into complete scrutiny on mere suspicion is invalid

May 24, 2021 7449 Views 0 comment Print

Ropar Properties And Builders Pvt. Ltd. Vs ITO (ITAT Chandigarh) To convert the limited scrutiny into complete scrutiny, the Assessing Officer shall be required to form a reasonable view that there is a possibility of under statement of income and that view should be based on credible material or information available on record and such […]

Section 115BBE not attracted to Income voluntarily surrendered during Search & survey

May 24, 2021 6108 Views 0 comment Print

Bajaj Sons Ltd. Vs DCIT (ITAT Chandigarh) We find that a separate surrender of Rs. 97.11 lacs has been made by Shri SB Bajaj Director of the assessee company on account of unexplained cash found during the search action. However, so far as the surrender of Rs. 15 lac to cover any discrepancy is concerned, […]

No reassessment merely for Loan Advancement or Non filing of ITR

May 24, 2021 2127 Views 0 comment Print

Merely saying that `loan had been advanced’ or `ITR had not been filed’, without disclosing the reasons, which led AO to hold such a belief , did not confer valid jurisdiction on the AO to take action u/s 147 and 148.

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