. Income-Tax Act – Digest of case laws
Category: Income-Tax Act

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PCIT v. Pavitra Trexim Pvt. Ltd.(2022) 327 CTR 797 (Cal) ( HC)

S. 260A: Appeal -High Court – Territorial jurisdiction – Order passed by the Delhi Tribunal – Appeal filed in Calcutta High Court – Assessment files transferred from Delhi to Calcutta – Calcutta High Court has no jurisdiction- Appeals are rejected as not maintainable -Liberty granted to file the appeals before the appropriate High Court. [ S. 127, 254(1), 256(1), 256(2), 269 ]

PCIT v. Roshan Maheshwari (Proprietor of M/s Maheshwari Minerals) (2022) 219 DTR 499/( 2023) 330 CTT 603 (Jharkhand)( HC)

S.254(1): Appellate Tribunal -Duties -ITAT misdirected by going into the facts of assessment order dated 31.03.2016 when the appeal arose out of order dated 15.12.2017- Order of Tribunal was remanded for passing a fresh order after verifying the records. [ S. 148, 148, 151, 260A ]

PCIT v. JPM Tools Ltd (2022) 219 DTR 201 / 329 CTR 526 (Delhi)( HC )

S. 153A: Assessment – Search or requisition- Share certificate – Disclosed in the books of account – Statement of a third party – Opportunity of cross-examination not given – Order is bad in law [ S. 68, 132(4) , 133(6) ]

Raj Kumar Jain v. PCIT (2022) 215 DTR 101 / 327 CTR 461(MP)( HC)

S. 151: Reassessment – Notice – After the expiry of four years – without proper sanction – Reassessment proceedings quashed.[ S. 148 , 151(1) ]

Pradeep Kumar Varshney v. ITO ( 2022 ) 214 DTR 74 / 326 CTR 882 (Delhi ) ( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Third party Search – Provision of section 153C is applicable – Notice under section 148A is held to be bad in law – Remanded the matter back to the AO to pass a fresh reasoned order in accordance with the law. [ S. 148, 148A(d), 153C, Art , 226 ]

Ramesh Chandra v . NFAC (2022) 327 CTR 744/ 216 DTR 293 (Raj)( HC)

S. 147: Reassessment – Principle of natural justice – Reassessment completed without providing an opportunity of being heard- Contention of alternative remedy was rejected – Order and notice was quashed and set aside [ S. 148, Art, 226 ]

PCIT v. Gujarat State Electricity Corporation Ltd. (2023) 290 Taxman 77 (Guj.)(HC)

S. 271(1)(c) : Penalty-Concealment-Provision of interest twice-Bonfide mistake-Deletion of penalty is justified.

CIT v. Flow Link Systems (P.) Ltd. (2023) 290 Taxman 447 (Mad.)(HC)

S. 268A : Appeal-Tax effect less than the monetary limit of Rs 1 crore-Appeal of revenue was dismissed [S. 260A]

Vikas Nagelia v. CIT (2023) 290 Taxman 258 (Cal.)(HC)

S. 264 : Commissioner-Revision of other orders-Appeal not filed-Rejection of revision petition is held to be not valid-Commissioner is directed to hear the petition on merits. [S. 250, Art. 226]

PCIT (C) v. Padma Kumar Jain (2023) 290 Taxman 394 (Jhakahd)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision was done twice-Revision for the third time is held to be not valid. [S. 143(3), 153A]