Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Vimal Kumar Rathi (2020) 115 taxmann.com 219 (Bom.) (HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Vimal Kumar Rathi (2020) 273 Taxman 274 (SC)

S. 153A : Assessment-Search-Scope of assessment is limited to assessing only search related income and thereby revenue was denied opportunity of taxing other escaped income that came to notice of Assessing Officer. [S. 132]

PCIT v. Amita Garg (Smt.) (2020) 114 taxmann.com 551 (Delhi) (HC) Editorial: SLP is granted to the revenue PCIT v. Devi Das Garg (2020) 270 Taxman 17 (SC)

S. 153A : Assessment-Search-No fresh material was discovered during search and seizure proceedings-Deletion of addition is held to be justified. [S.132]

PCIT v. Caprihans India Ltd. (2020) 114 taxmann.com 103 (Bom.) (HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Caprihans India Ltd. (2020) 269 Taxman 385 (SC)

S. 153A : Assessment-Search-Completed assessment could not be abated unless some incriminating evidence or material was found during search qua additions made by Assessing Officer. [S. 132]

PCIT v. Gahoi Dal & Oil Mills (2020) 117 taxmann.com 117 (MP)(HC) Editorial : SLP is granted to the revenue, PCIT v. Gahoi Dal & Oil Mills (2020) 272 Taxman 521 (SC)

S. 153A : Assessment-Search-No incriminating material was found-Addition is held to be not valid. [S. 132]

PCIT v. Atlanta Capital (P.) Ltd. (2020) 119 taxmann.com 292 (Delhi)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect. PCIT v. Atlanta Capital (P.) Ltd. (2020) 274 Taxman 224 (SC)

S. 148 : Reassessment-Notice-Notice was not issued at last known address of assessee-Participated in reassessment proceedings despite not having been issued or served with notice under section 148 in accordance with law would not constitute a waiver of said jurisdictional requirement-Reassessment is bad in law. [S. 147, 292BB]

Durlabhai Kanubhai Rajpara v. ITO (2020) 114 taxman.com 481 (Guj.)(HC) Editorial : SLP of revenue is dismissed, (2020) 270 Taxman 9 (SC)

S. 148 : Reassessment-Notice-Issue of notice in the name of dead person-Notice was quashed. [S. 131(IA), 147, 159, 292BB, Art. 226]

CIT v. National Organic Chemical (2020) 115 taxmann.com 244 (Bom.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. National Organic Chemical CIT v. National Organic Chemical (2020) 272 Taxman 530 (SC)

S. 148 : Reassessment-Recorded reasons not furnished-Reassessment is bad in law. [S.147]

PCIT v. Atul Ltd. (2020) 119 taxmann.com 286 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Atul Ltd. (2020) 274 Taxman 230 (SC)

S. 147 : Reassessment-Change of opinion-Manufacturing business-Loss on sale of shares-Business loss or capital loss-Reassessment was quashed on the ground of change of opinion. [S. 28(i), 45, 148]

PCIT v. Moser Baer India Ltd. (2020) 114 taxmann.com 548 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Moser Baer India Ltd (2020) 270 Taxman 4 (SC)

S. 147 : Reassessment-Business expenditure-Royalty-Reassessment was quashed on the ground that the AO could not have revisited the same issue on the pretext that a binding decision was overlooked. [S. 37(1), 148]

PCIT v. Zee Media Corporation Ltd. (2020) 114 taxmann.com 192 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Zee Media Corporation Ltd. (2020) 270 Taxman 180 (SC)

S. 147 : Reassessment-Change of opinion-Operational expenses-No new facts-Reassessment is held to be not valid. [S. 147]