Yearly Archive: 2021

Consequences when 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 has escaped assessment. Answer was given in the case of DUGGAL ESTATES PVT. LTD. & ANR. vs. ITO ITAT DELHI, May 24, 2021, Section 147, 148 AY 2009-10. https://www.bpmundraca.com/it-cases-241-2021/

Consequences when 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 has escaped assessment. Answer was given in the case of DUGGAL ESTATES PVT….
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147, 148, Assessment is Null and void, AY 2009-10, Delhi Tribunal, Disposal of objection, In Favour of Assessee, Reason recorded, Speaking order

The question in the present case is as to whether the information received from the investigation wing/search team would constitute ‘reason to believe’ empowering the Assessing Officer to reopen the assessment u/s 147/148. Answer is given by ITAT Ahmedabad on 12/11/2020 in the case of Hitesh Ashok Vaswani Vs DCIT. https://www.bpmundraca.com/it-cases-240-2021/

Reopening u/s 147/148 at the instance of information received from DDI wing Hitesh Ashok Vaswani Vs DCIT (ITAT Ahmedabad) Appeal Number : IT(SS)A No. 118 to 123/Ahd/2019 Date of Order : 12/11/2020 AY: 2009-10 to 2014-15 The question in…
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147, 148, 151, 153, Ahmedabad Tribunal, AY 2009-10, AY 2010-11, AY 2011-12, AY 2012-13, AY 2013-14, AY 2014-15, borrowed satisfaction, Concealment of income, In Favour of Assessee, In favour of Assessee (Partly)

Can Ld. AO disallow the certain percentages of expenses when the expenses are supported only by self made vouchers and AR agreed to disallowance without pointing out any specific instances of unverifiable element therein? ITAT Kolkata decided on Apr 28, 2021. Section 143(3). Kindly click the link to get the order. https://www.bpmundraca.com/it-cases-239-2021/

Can Ld. AO disallow the certain percentages of expenses when the expenses are supported only by self made vouchers and AR agreed to disallowance without pointing out any specific instances of unverifiable element therein? ITAT Kolkata decided on Apr 28, 2021….
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143(3), AY 2011-12, Disallowance, Disallowance of expenses, In Favour of Assessee, ITAT, Kolkata tribunal

What to do when GST TRAN-1 was filed incorrectly? Click to get order-GUJARAT HIGH COURT on Mar 18, 2021.

What to do when GST TRAN-1 was filed incorrectly? Answer is given by the HIGH COURT OF GUJARAT in the case of PRECISION GASIFICATION SERVICES PVT. LTD. vs. UNION OF INDIA on Mar 18, 2021 PRECISION GASIFICATION SERVICES PVT. LTD….
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140(1), 140(1), Article 265, CGST, GST, GST TRAN-1

To take the benefit of section 54F, unutilized portion of the capital gain on the sale of property used for residence should be deposited before the date of furnishing the return of tax under Section 139 as mentioned in section 54(2). Therefore, Section 139 cannot be confined only to the provisions of the Section 139(1), but it includes all the sub section of Section 139. In the case of DIPAL SURESHBHAI PATEL vs. INCOME TAX OFFICER. ITAT AHMEDABAD on Apr 15, 2021. Section 54F, 139, 143(3), 54(2). In favour of the assessee. Ca BPMUNDRA

DIPAL SURESHBHAI PATEL vs. INCOME TAX OFFICER IN THE ITAT AHMEDABAD BENCH ‘C’ WASEEM AHMED, AM & MADHUMITA ROY, JM. ITA No. 387/Ahd/2018 Apr 15, 2021 Section 54F, 139, 143(3), 54(2) AY 2014-15 Decision in favour of: Assessee To take…
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139, 139(1), 139(4), 143(3), 54, 54(2), 54F

Writ petition filed for quashing and setting aside of show cause Notice is dismissed since Neither it is a case of lack of jurisdiction nor any violation of principles of natural justice is alleged so as to entertain the writ petition at the stage of notice and also when opportunity of filing reply personal / hearing was available. In the case of GENUS POWER INFRASTRUCTURE LTD. vs. CENTRAL GOODS AND SERVICE TAX by HIGH COURT OF RAJASTHAN S.B. Civil Writ Petition No. 185/2021 on dated Mar 3, 2021

GENUS POWER INFRASTRUCTURE LTD. vs. CENTRAL GOODS AND SERVICE TAX HIGH COURT OF RAJASTHAN INDERJEET SINGH, J. S.B. Civil Writ Petition No. 185/2021 Mar 3, 2021 Writ petition filed for quashing and setting aside of show cause Notice is dismissed…
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Show Cause Notice, Show Cause Notice, Writ Petition, Writ Petition

Section 56(2)(vii)(b) When purchase transactions of immovable property were carried out in FY 2011-12 for which full consideration was also parted with the seller. Mere registration at later date would not cover a transaction in AY 2014-15 already executed in the earlier years. The Revenue is debarred. ITAT- Ranchi in the case of Bajrang Lal Naredi, Ranchi vs Ito,Ward-1(3), Jamshedpur on 20 January, 2020

Section 56(2)(vii)(b) When purchase transactions of immovable property were carried out in FY 2011-12 for which full consideration was also parted with the seller. Mere registration at later date would not cover a transaction in AY 2014-15 already executed in the…
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56, 56(2)(vii)(b), AY 2012-13, AY 2014-15, In Favour of Assessee, ITAT Ranchi

If the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should not be prevented from doing so. It is in the interest of natural justice and fairplay to allow assessee to establish its claim Income Tax Appellate Tribunal – Mumbai in the case of Fab Trade Private Limited, Mumbai vs Ito, Ward 15(1)(2), on 8 March, 2021.

If the assessee for bona fide reasons was unable to bring materials on record to factually prove its claim before the departmental authorities and comes forward to file additional evidences before the Tribunal to prove such fact, the assessee should…
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46A Rule, Additional evidence, AY 2013-14, In Favour of Assessee, ITAT Mumbai, Rule 46A

Section 153A, 153C, 132(4). If no incriminating material is found during search, no addition could be made in respect of the assessments that had become final. Statements recorded under Section 132(4) of the Act do not by themselves constitute incriminating material. PCIT Vs. ANAND KUMAR JAIN (HUF) & ORS. HIGH COURT OF DELHI on Feb 12, 2021. If any statement was to be construed as an incriminating material belonging to or pertaining to a person other than person searched (as referred to in Section 153A), then the only legal recourse available to the department was to proceed in terms of Section 153C of the Act by handing over the same to the AO who has jurisdiction over such person.

Section 153A, 153C, 132(4). If no incriminating material is found during search, no addition could be made in respect of the assessments that had become final. Statements recorded under Section 132(4) of the Act do not by themselves constitute incriminating…
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132, 132(4), 153A, 153C, AY 2010-11, Delhi High Court, In Favour of Assessee, incriminating material, Statement, Statement under section 132(4)

Addition for accommodation entries without making any independent enquiry from the suppliers nor allowed any cross-examination of the third party though specifically demanded by the assessee-company? ITAT Ahmedabad on 8th March 2021 hold that the addition is deleted as it based on hypothesis, conjectures and suspicion. In the case of ACIT Vs. Darshanam Life Space Pvt. Ltd. & Anr Section 143(3)

Q.Addition for accommodation entries without making any independent enquiry from the suppliers nor allowed any cross-examination of the third party though specifically demanded by the assessee-company? ITAT Ahmedabad on 8th March 2021 hold that the addition is deleted as it…
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143(3), Accommodation Entries, Ahmedabad Tribunal, AY 2012-13, In Favour of Assessee