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Sanjay Gupta v. UOI 2022) BCAJ-October -P. 69 /(2023) 146 taxmann.com 163 (Delhi)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Firm dissolved – Department is intimated – Transaction recorded in proprietorship concern – Matter remanded for fresh consideration [ S. 148, 148A(b) 148A(d), Art , 226 ]

PCIT v. Mahla Real Estate Pvt. Ltd. (2022) 210 DTR 182 / 324 CTR 614 (Raj.) (HC)

S. 148 : Reassessment –Notice – Failure to serve a copy of the Notice issued u/s. 148 before passing the re-assessment order would render the order as infructuous- Appeal filed by Revenue dismissed since no substantial question of law arise- Section 292BB was inserted in the Act in 2008 and cannot be given retrospective effect. [ S. 147, 292BB ]

Indian Overseas Bank .v. ACIT (2022) 138 taxmann.com 501 (Mad) (HC)

S. 147 : Reassessment – Bad debt – Involved mixed questions of fact and law as to validity of reopening and taxability of amount received under debt waiver scheme, the High Court was not a proper forum to decide such mixed question and matter was to be remanded back to AO.[ S. 36(1)(viia), 254(1), 260A]

PCIT v. Damodar Valley Corporation (2022) 209 DTR 401 /324 CTR 462 (Cal.) (HC)

S. 115JB : Provisions of section 11JB will not apply to the taxpayer being a corporation established under Damodar Valley Corporation Act, 1948.[ Damodar Valley Corporation Act, 1948 ]

Rajkamal Healds and Reeds Pvt. Ltd. v. ADIT (2022) 211 DTR 275 / 325 CTR 476 (Guj)(HC)

S.115BAA : Tax on income of certain domestic companies – Omission to file Form No 10IC – Directed to file an appropriate application in writing addressed to the Principal Chief Commissioner / Chief Commissioner making a request to permit it to file the Form 10IC electronically after condoning the delay in that regard so that the return of the Assessee can be re-processed or regular assessment can also be framed accordingly. [ S.115BA, 115BAB, 119(2)(b), Form No 10IC , Art , 226 ]

PCIT v. Attire Designers Pvt Ltd (2023) 455 ITR 697 / 290 Taxman 551 /(2022) BCAJ-October -P. 68 (Delhi)(HC)

S. 68 : Cash credits – Credit balance of the associate parties – Purchase transactions- Identity , creditworthiness and genuineness of the transactions of purchases made is proved – Deletion of addition is affirmed – No substantial question of law .[ S. 260A ]

CIT .v. Shri Jain Shwetamber Nakoda Parshwanth Tirth (2022) 211 DTR 310 / 325 CTR 550 (Raj) (HC)

S. 11 : Property held for charitable purposes – Corpus donation – When the Assessee-trust has received donations for specific purposes with specific directions by donors alongwith signatures of such donors, then such receipts are to be treated towards corpus donations. [ S. 12 ]

Hindustan Lever Ltd v. Dy .CIT (2022) 197 ITD 802 / 220 TTJ 516 /219 DTR 238( Mum)( Trib) . www.itatonline .org

S. 254(2A): Appellate Tribunal –Stay- ITAT has power to grant stay only if the asseessee pays 20 % of the tax in dispute or furnishes equal amount of security of like amount [ S. 220(6) , 253, 254(1)]

Jose Joseph v. Asst. Commr. of Central Tax (2022) (62) G.S.T.L 464 ( Ker)(HC)

Central Goods and Service Tax Act, 2017

S. 107: Appeals to Appellate Authority – Powers of Revisional Authority – Limitation – Electronic filing of appeals – Orders received physically -Orders were not uploaded – Limitation period would start when order is uploaded on GST portal and not when order is received physically [ S. 108 Art, 226 ]

Lakshmi Sowjanya Enterprises v. ACIT( 2022) (64) G.S.T.L. 158( AP)(HC)

Central Goods and Service Tax Act, 2017

S.79:Recovery of tax – Order passed relying on material which was supplied to violates principle of natural justice – Matter remanded back for fresh adjudication after furnishing material relied upon and after giving an opportunity of personal hearing to the petitioner .[ Art, 226 ]