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क्या होगा जब पुन: कर निर्धारण के लिए धारा 148 का नोटिस गलत जगह भेजकर आईटीओ रिअसेसमेंट कर दे। 6 नवंबर 2020 को आईटीआई बेंगलुरु ने DIVYA S RAO vs. आईटीओ
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Business or rental income : The Court took into consideration the Intention of the Assessee, the kind of services rendered including range of common facilities and amenities to the occupiers, also have revenue sharing agreement clearly point out that the Income is from Business. City Centre Mall Nashik Pvt. Ltd Bombay High Court decided on 13th January, 2020 and SLP dismissed by the Supreme Court
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Section 11 आई टी ए टी विशाखापट्टनम ने 21 सितंबर 2020 को फैसला देते हुए कहा कि जब करदाता ने सारी डिटेल और एविडेंस आयकर अधिकारी को दे दिए और आयकर अधिकारी ने कोई चेक नहीं किया। उसी डिटेल और एविडेंस की अगर कमिश्नर अपील जांच करता है तो रूल 46A कि कोई अवेहलना नहीं होती। करदाता की अपील स्वीकार की गई और माना गया की करदाता धारा 11 में छूट पाने का अधिकारी है KANDULA LAKSHUMMA MEMOIAL EDUCATIONAL SOCIETY & ANR. Vs. DCIT. ITAT VISHAKAPATNAM AY 2013-14. In Favour of Assessee.
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Section 159. The assessment made on dead person, on the face of it, be a nullity in law. In the case in hand, we find that when the factum of death was brought to the notice of the authorities below, instead of substituting the legal heirs of the assessee in the file of the Revenue both the authorities below proceeded with and finalized the assessment against the assessee, Late Ghanshyam H Parsana, since deceased which is unlawful, arbitrary, erroneous and bad in law. LATE GHANSHYAM H PARSANA vs. ITO. Order date Aug 31, 2020. AY 2006-07. In favour of assessee. ITAT AHMEDABAD BENCH ‘C’
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Section 10(13A), Rule 2A(h)‘Performance bonus’ does not form part of ‘salary’ as defined in clause (h) of Rule 2A for the purposes of section 10(13A) of the Income Tax Act, 1961. Sudip Rungta v. Dy. CIT held on 10 January, 2020
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Demonetisation, Section 115BBE, 69, 154, 133A- ITAT- Jaipur- on 9 June, 2020 held that the provisions of section 115BBE which are contingent on satisfaction of requirements of section 69 cannot be independently applied by invoking the provisions of section 154 of the Act when provisions of section 69 have been invoked by the Assessing officer while passing the assessment order u/s 143(3) and at the same time, he has failed to apply the rate of tax as per section 115BBE of the Act. ACIT… vs Shri Sudesh Kumar Gupta, Alwar. In Favour of the assessee
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Section 54F, 139(4) ITAT, Jaipur on 6th march, 2020 Respectfully following the judgement of Jurisdictional High Court in the case of Shankar Lal Saini [2018] 89 taxmann.com 235(Raj) held that even amount deposited in Capital Gain Account Scheme before filing of return u/s 139(4) shall also be allowed for deduction as per provisions of sub- section 4 of section 54F of the Act. Smt. Renu Jain, New Delhi vs Ito. AY 2011-12
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Section 144 r.w. Section 145(3): ITAT JAIPUR on Jun 19, 2020 held that Even if the books f accounts rejected by invoking provisions of Section 145(3) due doubt on genuineness of the purchases, the A.O. is bound to frame the assessment on best assessment as per provisions of Section 144 r.w. Section 145(3). Therefore, after rejection of books of account, the A.O. is required to estimate the income of the assessee on some reasonable and proper basis. Once the past year results have attained finality and not in dispute, the same can form the basis for estimating the GP rate for the current year. KEDIA EXPORTS PVT. LTD. & ANR. vs. ACIT. AY 2009-10, 2012-13, 2013-14 & 2014-15 Decision in favour of Assessee
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Section 127, 132(4) HIGH COURT OF BOMBAY on Jul 15, 2019 held that when the assessment of an Assessee is being transferred from one Commissionerate to another, the requirement of hearing and following the principle of natural justice is inbuilt in the statutory provisions contained in Section 127 of the Act. Therefore the giving of notice to the assessee containing the reasons and the statements or even the gist of the statements to the extent relevant for the proposed action is a basic postulate. The views of the noticee are to be considered by the authority before taking any decision to confirm or drop the notice. A show cause notice to be effective must be adequate so as to enable a party to effectively object/respond to the same. The authority concerned is obliged to consider the objections, if any, and thereafter, reach a finding one way or the other. The impugned order is quashed. NARESH MANAKCHAND JAIN vs PCIT. IN favour of the assessee.
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Section 43(1), 143(3), 263 ITAT KOLKATA on May 29, 2020 hold that the industrial promotion assistance it received was on capital account.