Cases Income tax

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Since books of account were not rejected, therefore, provisions of section 69B were wrongly invoked by AO. 2018 TaxPub(DT) 4842 (Raj-HC) CIT v. Gaurav Kumar Sharma on dated 12 October, 2017
In E-Assessment order demand is raised without providing an opportunity by issue of show cause notice? Assessment void. In the case of RMSI PRIVATE LIMITED vs. NATIONAL E-ASSESSMENT CENTRE HIGH COURT OF DELHI W.P.(C) 6482/2021 & CM APPL. 20366/2021 on dated Jul 14, 2021 Section 143(3), 144B(9) AY 2017-18
Even if the petitioner was not present before the Tribunal when the appeal was taken up for hearing, it could not have been dismissed. Dismissal of appeals by ITAT for non-persecution is wholly illegal and unjustified. Rule 24 of the 1963 Rules does not give power to the learned Tribunal to dismiss the appeal for want of prosecution. IN THE KERALA HIGH COURT in the case of Rabindra Kumar Mohanty v. Registrar, ITAT W.P.(C) No. 2487 of 2019 on dated 18 March, 2020. Section 254 IT Act and Rule 24 of Income-tax (Appellate Tribunal) Rules, 1963
Receipt of Software license amounting to Rs.86,05,13,407/- cannot be charged to tax as ‘Royalties’ under the DTAA. In the same manner, the amount will escape taxation as ‘Business profits’ under Article 7 also because of it not having any PE in India. Albeit Explanation 4 to section 9(1)(vi) is applicable to the year under consideration, but section 90(2) of Act states that where the Central Government has entered into an agreement with the Government of any country outside India under sub-section (1), then, in relation to the assessee to whom such agreement applies, the provisions of this Act shall apply to the extent they are more beneficial to that assessee. ANSYS INC. vs. ACIT (INTERNATIONL TAXATION) ITAT PUNE Jun 15, 2021 Section 9(1)(vi) and Article 12 of India-US DTAA. AY 2009-10 & 2014-15.Decision in favour of: Assessee
Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs. ITO ON 16.6.2021. IN FAVOUR OF ASSESSEE. IT-CASES-246-2021.
Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller Flour Mills Pvt … vs Ito on 17 December, 2020 AY 2009-10. In favour of assessee. ITA.No.4257/Del./2019.
Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi vs Ito Ward-4(3), New Delhi Order in the favour of the assessee. ITA.No.8066/Del./2019.
What are the consequences if Notice u/s 148 is issued before approval under section 151(1)? ITAT Ahmedabad passed the order on 4 June, 2021. in the case of OMPRAKASH KANAYALAL SHAH vs. ITO Section 147,148,151(1). https://www.bpmundraca.com/it-cases-243-2021/
Section 69: NO ADDITION CAN BE MADE ONLY ON THE BASIS OF INFORMATION RECEIVED When affidavit is filed and statement on oath is submitted by the assessee unless proved otherwise. ITAT- Mumbai. Shri Mohan Thakur, Mumbai vs A.C.I.T. Cent. Cir. 8(4), Mumbai on 24 May, 2021. https://www.bpmundraca.com/it-cases-242-2021/
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/