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Consequences of absence of the notice u/s. 143(2) of the Act before framing the assessment order? Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021. Section 148: Consequences of granting approval by CIT in a mechanical manner by putting only “Yes”. Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021.
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Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or reassess any other income chargeable to tax which has escaped assessment and which comes to his notice. ITAT, DELHI BENCH in the case of Sheela Foam Ltd. v. DCIT. IT-CASES-217-2020
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HIGH COURT OF MADRAS on Mar 3, 2020 hold that there is no capital gain on Refundable Security Deposit received through development agreement when owner continues to be owner throughout agreement, and has at no stage purported to transfer rights akin to ownership to developer—At highest, possession alone is given under agreement, and that too for a specific purpose, purpose being to develop property, as envisaged by all parties
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Moreover, addition was made only on statement of Sh. VK without providing copy of same and without providing any opportunity to assessee to cross examine same, which was in violation of principle of natural justice and against law laid down by Supreme Court of India in case of Andaman Timber vs. CIT—Therefore, in present case, addition made by AO on basis of statement of Sh. VK was deleted
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If Assessee proved identity, creditworthiness as well as genuineness of transactions then the Assessee had discharged its primary onus on providing complete details in respect of loan transactions and if AO failed to carry out any fruitful investigation then no addition could be made towards unexplained unsecured loans. 29 Judgement discussed