Author: ksalegal

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Keva Fragrances (P.) Ltd. v. ACIT (2019) 265 Taxman 20 (Mag.) (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default– Stay–Recovery of demand is stayed on deposit of 20% of outstanding demand–Advance tax paid and tax deducted at source while filing the return should also be considered.

Gemini Engi-Fab Ltd. v. DCIT (2019) 265 Taxman 195 / 181 DTR 405 / 310 CTR 587 (Bom.)(HC)

S. 153C : Assessment-Income of any other person-Search-Pendency of writ petition the AO passed the assessment order-Directed to file an appeal and all contentions are left open. [Art. 226]

Rajendra. v. ITO (2019) 265 Taxman 223 (Karn.)(HC)

S. 153A : Assessment–Search-Not furnishing the reasons-Notice and assessment–Alternative remedy is available–Writ is held to be not maintainable.[Art. 226]

PCIT v. Mahendra Singh Asoliya. (2019) 107 taxmann.com / 264 Taxman 288 (Raj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Mahendra Singh Asoliya. (2019) 264 Taxman 287 (SC)

S. 147 : Reassessment–No failure to disclose material facts– Reassessment is bad in law. [S. 148]

Jhankit Chandulal Prajapati v. DCIT (2019) 265 Taxman 33 (Mag.) (Guj.)(HC)

S. 147 : Reassessment-Doctrine of merger-Undisclosed investment-Issue which was subject matter of appeal-Reassessment is held to be bad in law. [S.69, 148, 153A]

DIT(IT) v. Black & Veatch Prichard, Inc. (2019) 107 taxmann.com 289 / 265 Taxman 93 (Bom.)(HC) Editorial : SLP is granted to the revenue, DIT (IT) v. Black & Veatch Prichard, Inc. (2019) 265 Taxman 92 (SC)

S. 147 : Reassessment–No addition was made on basis of reasons recorded-No other addition could be made in course of reassessment proceedings. [S. 148]

Deepak Dhanaraj. v. ITO (2019) 265 Taxman 19 / 180 DTR 219/ ( 2020) 420 ITR 105/ 313 CTR 82(Karn.)(HC)

S. 139 : Return of income–Defective return-Denial of deductions-AO must provide an opportunity to remove the defects in the return and opportunity of hearing–Order of the AO is set aside. [S.48 54F, 143(3), Art.226]

Dalmia Power Ltd. v. ACIT (2019)418 ITR 221 / 308 CTR 777/ 178 DTR 113/ 265 Taxman 37 (Mad.)(HC) Editorial: Revesed partially ; ACIT v. Dalmia Power Ltd (2019) 418 ITR 242 (Mad) (HC) ,ACIT v Dalmia Cement Power Ltd ( 2019) 418 ITR 242 (Mad) (HC)

S. 139 : Return of income-Revised return–Manually- Amalgamation-revised returns of income filed by companies pursuant to scheme of arrangement and amalgamation approved by NCLT, manually, beyond prescribed period without obtaining condonation of delay from Board in accordance with section 119(2)(b) read with CBDT Circular No. 9 of 2015 were valid. [S. 119(2) (b), 139 (5), Companies Act, S. 391]

Pawan Kumar Goel. v. UOI (2019) 417 ITR 82 / 265 Taxman 25/ 309 CTR 276 / 180 DTR 1 (P & H)(HC)Editorial : SLP of revenue is dismissed , CIT v. Pawan Kumar Goel ( 2020) 275 Taxman 2 ( SC)

S. 133A : Survey–Residential premises-Conversion of survey in to search Survey at residential premises is held to be invalid. [S. 131, 132]

Sumedha Dutta v. UOI (2019) 264 Taxman 306/ 183 DTR 285 (MP)(HC)

S. 132 : Search and seizure–Warrant of authorisation-Locker keys were found–Jewellery was seized-Search and seizure is held to be valid. [R. 112(1)]