Author: ksalegal

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CIT v. V.V. Devassy (2018) 403 ITR 25/ 252 Taxman 390/ 163 DTR 76 (Ker.)(HC)

S. 143(2) : Assessment – Block assessment -Notice issued with in period of limitation , however the notice was served beyond limitation period hence the assessment was held to be in valid and quashed- Tribunal was justified in considering the issue of limitation first time raised before the Tribunal [ S. 158BC, 254(1),292BB ]

ITO v. Dharam Narain ( 2018) 163 DTR 41/ 253 Taxman 479/ 301 CTR 41 ( SC)

S. 143(2) : Assessment -Notice – Notice to authorised representative was held to be deemed service of notice on assesse and sufficient compliance – Non availability of assesse on the given address the notices were could not be served [ S. 143(3) ]

Karnataka Industrial Area Development Board v. CIT (2018) 401 ITR 74 / 162 DTR 73/ 300 CTR 449/ 253 Taxman 178 (Karn) (HC)

S.142(2A): Inquiry before assessment– Special audit– Order passed without application of mind and objections of the assesse was held to be bad in law .

Bajaj Auto Finance Ltd. v. CIT (2018) 404 ITR 564 / 166 DTR 379 (Bom)(HC) , www.itatonline.org

S. 143(1)(a) : Assessment – Intimation –Provision for doubtful over due instalments – Adjustment was held to be not valid – Interpretations given by High Courts and Tribunals cannot be ignored by the Assessing Officers [ S. 36(1)(vii), 36(2) ]

Nokia India Pvt Ltd v. Addl.CIT ( 2018) 402 ITR 517 / 301 CTR 665 / 164 DTR 121/ 255 Taxman 266 ( Delhi) (HC).Editorial: SLP filed by the assessee, Nokia India Pvt Ltd v. Addl. CIT (2018)169 DTR 1(SC) ( 2018) Direction of special audit stayed .

S.142(2A): Inquiry before assessment– Special audit–Time limit for assessment-Opportunity of oral and written submission against the order for special audit was considered , hence writ is not maintainable – Issuance and despatch of order u/s 142(2A) with in period of limitation and service on assesse beyond limitation period , order does not abate. [ S. 143(3), 153 , Expl. 1(iii) ]

PCIT v. National Informatics Centre Services Inc. (2018) 400 ITR 387/ 162 DTR 97/ 300 CTR 495 (Delhi) (HC)

S. 139D : Return in electronic form – Form V furnished through post within stipulated extended period — Originally filed return was held to be valid [ S. 139C, 295B ]

K. S. Puttaswamy v. UOI (2018) 252 Taxman 357 (SC)

S. 139AA : Permanent account number – Date for linking of Aadhaar with all schemes of ministries/Departments of Union Government linking of bank accounts for existing bank accounts and for completion of Aadhaar based E-KYC process in respect of mobile phone subscribers is to be extended until 31-3-2018

Scorpion Industrial Polymers (P.) Ltd. v. CIT (2018) 252 Taxman 413/ 163 DTR 333 / 301 CTR 481 (Mad.)(HC)

S. 139 : Return of income – Set off of carry forward loss – Audit report –Matter was remanded for fresh disposal .

Amit Basu v. Dy. CIT (2018) 252 Taxman 314/167 DTR 110 / (2019) 307 CTR 303 (Raj.)(HC)

S. 139 : Return of income – When the assessee took advantage of provisions of S.139(5),he could not say that it was non-est [ S.10B, 139(5)]

S. Savithri (Mrs.) v. ITO ( 2018) 400 ITR 513/ 253 Taxman 186 / 164 DTR 102 / 301 CTR 734 (Karn) (HC)

S. 133 : Power to call for information – Legal representatives cannot refuse to furnish details of bank accounts of deceased. [ S.133(6).]