Author: ksalegal

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PCIT v. K.R. Jayaram (2025) 303 Taxman 408 (SC) Editorial: PCIT v. K.R. Jayaram (2025)171 taxmann.com 51 (Mad)(HC)

S. 147 : Reassessment Capital gains-Full value of consideration-Stamp valuation-High Court affirmed the order of the Tribunal on the ground that based on very same document re assessment was not justified-Special leave petition filed against the order of High Court was dismissed on ground of low tax effect. [S. 50C, 148, Art. 136]

ACIT v. Yes Bank Ltd. (2025) 303 Taxman 260 (SC) Editorial : Yes Bank Ltd v.ACIT (2024) 474 ITR 430 / 160 taxmann.com 329 (Bom)(HC)

S. 147 : Reassessment-With in four years-Bad debt-Provision for bad and doubtful debts-Schedule bank-Order of High Court quashing the reassessment notice and consequential order was quashed-SLP of Revenue is dismissed on account of delay of 162 days as well as on merits. [S. 36(1)(viia), 143(3), Art. 136]

ACIT v. BSIFS (P.) Ltd. (2025) 303 Taxman 584 / 474 ITR 208 (SC) Editorial : BSIFS (P.) Ltd v. ACIT(2024) 161 taxmann.com 443(Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Loss in speculation business-No failure to disclose material facts-SLP dismissed [S. 73, 143(3), 148, Art. 226]

Shandilya Properties LLP v. ITO (2025) 303 Taxman 561 (Bom.)(HC)

S. 145 : Method of accounting-Project completion method-Real estate development-Assessing Officer followed percentage completion method-Alternative remedy-Writ petition dismissed. [S. 43CB, 144B, ICDS III & IV, Art. 226]

Federal Bank Ltd. v. ACIT(2025) 303 Taxman 118 (Ker.)(HC)

S. 144B : Faceless Assessment-Personal hearing-Natural justice-Video conference-Order of the Assessing Officer was quashed and set a side-Statutory authority was directed to afford a personal hearing to assessee through video conferencing. [S. 143(2), 144B(7), Art. 226]

Dy. CIT v. Travel Designer India (P.) Ltd. (2025) 303 Taxman 583 / 482 ITR 283 (SC) Editorial: Travel Designer India (P.) Ltd. (2020) 269 Taxman 429 (Guj.)(HC)

S. 143(2) : Assessment-Notice-Limitation-Date of filing original return to be considered for limitation, not date defects were removed-SLP dismissed. [S. 139(1), 139(9), Art. 136]

Dillano Luxurious Jewels Ltd. v. Dy. DIT (Inv) (2025) 303 Taxman 140 (P&H)(HC)

S. 132B : Application of seized or requisitioned assets-Search and seizure-Seizure of jewellery from locker in company’s name-Presumed to belong to company-Revenue cannot treat it as belonging to directors-Directed to release seized assets. [S. 132(1)(B)(iii), Art. 226]

Vikas Kankaria v. UOI (2025) 303 Taxman 185 (Raj.)(HC)

S. 132B : Application of seized or requisitioned assets-Requisition of books of account-Stock in trade-Trader of gold jewellery/ornaments-Factual dispute regarding itemized stock register and quantity of gold seized-Non-release of gold ornaments held to be justified. [S. 132A, Art. 226]

Deluxe Enterprises v. ITO (2025) 303 Taxman 366 (HP)(HC)

S. 127 : Power to transfer cases-Order passed without opportunity of hearing-Best judgment order quashed [S. 144, 260A, Art. 226]

Pradeep Kumar Kajaria v. UOI (2025) 303 Taxman 111 (Cal)(HC)

S. 127 : Power to transfer cases-Search and seizure-No compliance with requirement of agreement between jurisdictional Principal Commissioners-Transfer order set aside [S. 127(2), Art. 226]