Year: 2018

Archive for 2018


Mayurbhai Mangaldas Patel. v. ITO (2018) 168 ITD 317 (Ahd) (Trib.)

S. 151 : Reassessment – Sanction for issue of notice -Reassessment proceedings couldn’t be quashed just because AO had obtained prior approval from higher authority [ S. 147, 148 ]

ITO v. Virat Credit & Holdings Pvt. Ltd. (Delhi)(Trib) , www.itatonline.org

S. 151 : Reassessment – Sanction for issue of notice –Mechanical approval was held to be bad in law [ S. 147, 148 ]

CIT v. Gee Kay Finance And Leasing Co. Ltd. (2018) 401 ITR 472 / 163 DTR 425 / 301 CTR 645 (Delhi) (HC)

S. 151: Reassessment – After the expiry of four years – Sanction of the Chief Commissioner was a pre-condition. [ S.147,148, 149 ]

Maruti Clean Coal And Power Ltd. v. ACIT (2018) 400 ITR 397 / 161 DTR 457 / 300 CTR 358 (Chhattisgarh) (HC)

S. 151 : Reassessment – Sanction for issue of notice – After expiry of four years – Notice and proceedings was vitiated for want of specific sanction .[ S. 147, 148 ]

Skylight Hospitality LLP v. ACIT( 2018) 254 Taxman 390/ 166 DTR 421 / 303 CTR 130 (SC) , www.itatonline.org Editorial. Order in Skylight Hospitality LLP v. ACIT ( 2018) 254 Taxman 109/ 166 DTR 409/ 303 CTR 131 ( Delhi) (HC) is affirmed

S. 147 : Reassessment –Clerical mistake- The object and purpose behind S. 292B is to ensure that technical pleas on the ground of mistake, defect or omission should not invalidate the assessment proceedings, when no confusion or prejudice is caused due to non-observance of technical formalities [ S. 148, 292B ]

DCIT v. VSB Investment Pvt. Ltd. (2018) 61 ITR 16 (Delhi) (Trib)

S. 147: Reassessment- Reassessment on the basis of information received from investigation wing for alleged accommodation entries and denial by parties the reopening was held to be bad in law [ S. 148 ]

Ambrish Manoj Dhupelia. v. DCIT (2018 ) 168 ITD 407 (SMC) (Mum) (Trib.)

S.147: Reassessment- Failure to disclose beneficial owner of deposits in foreign Bank accounts -Reassessment was held to be justified [ S.69 , 148 ]

Way 2 Wealth Brokers P. Ltd. v. (2018)61 ITR 259 (Bang) (Trib)

S.147: Reassessment — Issue was not considered in the original assessment proceedings hence reassessment was held to be valid. As regard the allowability of depreciation on stock exchange membership the matter was remanded .[ S. 32, 148 ]

CIT v. Jandu Construction Co. (2018) 61 ITR 235 (Chand) (Trib)

S. 147: Reassessment — Reopening on same issues as considered in rectification proceedings earlier was held to be not valid [ S. 148 ]

Veer Vardhman Finance Investment Pvt. LTD. v. DCIT (2018) 61 ITR 669 (Delhi) (Trib)

S. 147: Reassessment — Non-speaking order disposing of Assessee’s objection against reassessment — Reassessment was held to be invalid [ S.68, 148 ]