Author: ksalegal

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PCIT v. P.L. Goenka HUF (2025) 305 Taxman 398 (Cal)(HC)

S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Accommodation entry-Reassessment is affirmed-Order of Tribunal set aside. [S. 145, 148, 260A]

PCIT v. Event Developers (P.) Ltd. (2025) 305 Taxman 187 (Cal)(HC)

S.147: Reassessment-After the expiry of four years-Long term capital gains-Penny stock-Cash credits-Accommodation entries-Shell company-Reassessment is held to be valid-Order of Tribunal set aside. [S. 45, 68, 148, 260A]

CNB Finwiz Ltd. v. Dy. CIT (2025) 305 Taxman 363 (Delhi)(HC)

S.147: Reassessment-After the expiry of four years-Cash credits-Penny stock-Transaction in shares-Information from Investigation Wing-General information-No live nexues-Concluded assessment cannot be reopened.[S.37 (1),68, 143(3), 148, Art. 226]

Kalpesh R. Varia HUF v. ITO (2025) 305 Taxman 600 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Cash credits-Bogus transactions-Violation of principle of natural justice-Objections of assessee were not disposed of before passing of assessment order, entire proceedings were vitiated and matter was to be remanded back to Assessing Officer.[S. 68, 148, Art. 226.]

ITO v. Hemanshu Ramniklal Shah (2025) 305 Taxman 408 (SC) Editorial : Hemanshu Ramniklal Shah v. ITO (2025) 171 taxmann.com 19 (Guj)(HC)

S. 147 : Reassessment-Cash credits-Change of opinion-Reassessment notice and order was quashed by High Court-SLP of revenue was dismissed on account of delay of 308 days in filing SLP which had not been satisfactorily explained and also on merits.[S. 68, 148, Art, 136]

ACIT v. Sunil Kumar Agrawal (2025) 305 Taxman 630 (Chhattisgarh)(HC)

S. 145 : Method of accounting-No defects in the books of account-Estimate of net profit of 10% solely on basis of assessee’s earlier declaration before Settlement Commission is held to be not justified-Order of Tribunal deleting the addition is affirmed.[S. 144, 260A]

Ramesh Kumar Jain v. CIT (2025) 305 Taxman 640 (Chhattisgarh)(HC)

S. 144B : Faceless Assessment-Priniciple of natural justice-Opportunity of hearing-Assessment order having been passed in violation of principle of natural justice was set aside and matter was to be restored to Assessing Officer for taking suitable steps for rehearing of case by providing reasonable opportunity of hearing to assessee. [Art. 226]

Ashok Kumar Meher v. CBDT (2025) 305 Taxman 380 (Orrissa) (HC)

S. 144B : Faceless Assessment-Reassessment-Standard Operative Procedure-One day time was given to upload the evidences-Violation of principle of natural justice.

Maharashtra State Road Development Corporation Ltd. v. Assessment Unit, ITD (2025) 305 Taxman 492 (SC) Editorial : Maharashtra State Road Development Corporation Ltd. v. Assessment Unit, ITD(2025) 175 taxmann.com 425 (Bom)(HC)

S. 144B : Faceless Assessment-Natural justice-Non-consideration of adjournment request-Alternative remedy-Writ petition was dismissed-SLP dismissed as withdrawn with liberty prayed. [Art. 136]

PCIT v. Raja Arora (2025) 305 Taxman 204 (Delhi)(HC)

S. 143 (3): Assessment-Deputy Commissioner (DCIT) issued notice under section 143(2) on basis of verifiable information pointing to tax evasion-No approval of concerned jurisdictional Pr. CIT / Pr. DIT / CIT / DIT-Order of Tribunal setting aside of the order was affirmed. [S. 143(2)]