section 143(3) judiciary-2

Interest u/s. 244A to be calculated by adjusting refund amount towards interest and balance towards tax

DCIT Vs IDBI Bank Ltd. (ITAT Mumbai)

ITAT Mumbai held that the amount of interest u/s. 244A of the Income Tax Act is to be calculated by first adjusting the amount of refund already granted towards the interest component and balance left if any shall be adjusted towards the tax component....

Investment beyond six months in NABARD Bonds cannot be considered for claiming exemption u/s. 54EC

ITO Vs Jagdish R. Mookhey (ITAT Mumbai)

ITAT Mumbai held that investment in NABARD Bonds beyond the specified time of six months cannot be considered for claiming exemption under the provisions of section 54EC of the Income Tax Act....

Reassessment merely because AO didn’t carried independent enquiries of confirmation from creditors unsustainable

Ravi Sher Singh Toor Vs PCIT (ITAT Chandigarh)

ITAT Chandigarh held that initiation of reassessment proceeding merely on the fact that AO has not carried out independent enquiries of confirmations from the creditors, without pointing out any deficiency or inaccuracy, cannot be a base to hold that order was erroneous in so far as prejudicial to the interest of revenue. Accordingly, rea...

Transfer pricing adjustment unjustified as Specified Domestic Transaction cannot be referred to TPO after 01.04.2017

DCIT Vs Hind Aluminium Industries Pvt. Ltd. (ITAT Mumbai)

ITAT Mumbai held that reference to TPO in respect of Specified Domestic Transaction (SDT) u/s. 92BA(i) has been omitted from the statue by the Finance Act, 2017 w.e.f. 01/04/2017. Hence, entire reference and transfer pricing adjustment is invalid....

Compensation to real estate developer for closure of agreement allowable as revenue expenditure

DCIT Vs Sentinel Properties Pvt. Ltd. (ITAT Mumbai)

ITAT Mumbai held that compensation paid to a real estate developer for closure of agreement is allowable as revenue expenditure when the payment of such compensation is closely related to the business of the assessee....

Section 50C Addition Cannot be Made by CPC Under Section 143(1)

Prabha Anil Gandhi Vs ADIT (ITAT Mumbai)

Prabha Anil Gandhi Vs ADIT (ITAT Mumbai) The recent case of Prabha Anil Gandhi Vs. ADIT (ITAT Mumbai) brings to light an essential aspect regarding the jurisdiction of the Centralized Processing Centre (CPC) in making additions under section 50C of the Income Tax Act, 1961. The case pertains to the Assessment Year 2019-20, where the [&hel...

ITAT upholds deletion of cash found at directors premises belonging to Company

DCIT Vs Atul (Kumar) Gupta (ITAT Delhi)

In a significant ruling, ITAT Delhi upholds deletion of cash addition in DCIT vs. Atul Gupta case for AY 2017-18 after demonetization. Get the full order details here...

AO not entitled to commence proceedings for reassessment based on change of opinion

DCW Limited Vs ACIT (Bombay High Court)

Bombay High Court held that AO is not entitled to commence proceedings for reassessment under section 147 of the Income Tax Act based on change of opinion as material facts are fully and truly disclosed....

Initiation of proceedings against person other than searched person u/s 148 instead of 153C unsustainable

Ickon Projects Vs ITO (ITAT Bangalore)

ITAT Bangalore held that initiation of proceedings against the person other than the searched person under section 148, instead of section 153C, of the Income Tax Act is without any jurisdiction and hence held liable to be set aside....

Section 14A r.w.r. 8D: Disallowance cannot exceed exempted income

DCIT Vs Amazon Textiles Pvt. Ltd. (ITAT Ahmedabad)

Explore the ITAT Ahmedabad ruling in the case of DCIT vs. Amazon Textiles Pvt. Ltd., addressing disallowance under Section 14A, Rule 8D of the Income Tax Act....

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