Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pandian Anbalagan v. ITO (Mad.)(2024) 296 Taxman 499 (Mad)(HC)

S. 176 : Discontinued Business—Company struck off from official register of companies-Reassessment-Directors-Reassessment proceedings against the Directors in case of struck companies. S. 176 is applicable only when the company has discontinued the business. [S. 147, 148, 176(5), 176(7), Companies Act Art. 226]

CIT (IT) v. Heidrick and Struggles Inc. (2024) 461ITR 33 (Delhi)(HC) Editorial : Followed CBDT Circular 14 of 1995 dated 11.04.1995. Referred CIT v. Bharat General Reinsurance Co. Ltd. (1971)81 ITR 303 (Delhi)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Inadvertently disclosed income in its return-Return was accepted u/s. 139(1)-Rectification is rejected-Tribunal allowing the claim-Dismissing the appeal the Court held that merely because respondent included the income in the return as taxable cannot make it amenable to imposition of tax-DTAA-India-USA [. S. 139(1),143(1), 260A, Art. 14]

PCIT (Central) 2 v. Jay Ambey Aromatics (2023) 156 taxmann.com 691 / (2024) 296 Taxman 475 (SC)/ Editorial: Refer CIT v. Jay Ambey Aromatics [2023] 155 taxmann.com 668 (Delhi).(HC)

S. 153A: Assessment-Search-Assessment prior to search-Order of High Court is affirmed-SLP of Revenue is dismissed.[Art. 136]

Ganesh Dass Khanna v. ITO (2023) 156 taxmann.com417/ 335 CTR 881 / (2024) 460 ITR 546 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Notice issued after three years-Barred by limitation-Travel back in time theory unsustainable-That the principle of constructive res judicata was not applicable. The orders passed under section 148A(d) and the consequent notices issued for the assessment years 2016-17 and 2017-18 under the amended provisions of section 148 of the 1961 Act were unsustainable. [S. 148, 148A(b) 148A(d),149, Art. 142, 226]

Nitin Mavji Vekaria v. ITO (2024) 461ITR 18 (Guj)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Resident of Uganda-Mutual fund investment-Source of investments coming from Non-Resident External Accounts Beyond Reach Of Authorities-No Tangible material for belief that income had escaped assessment-Notice not valid.[S.10(4), 148, 148A(b), 148A(d), Art. 226]

Shyam Sundar Dhanuka v. ITO (2024) 461 ITR 22 (Cal)(HC) Editorial : Affirmed by division bench, Shyam Sundar Dhanuka v. UOI (2023) 156 taxmann.com 499 /(2024) 461 ITR 25 (Cal)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-No violation of principle of natural justice-Loan transactions-Question of fact-Writ petition is dismissed. [S. 69C, 148A(b), 148A(d), Art. 226]

Alankar Apartments (P.) Ltd. v. DCIT/(2023) 151 taxmann.com 67 / (2024) 461 ITR 53 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Matter restored to the AO as the main contention of the assessee that it had not claimed any deduction for such liability was not considered while passing order u/s. 148A (d) of the Act. [S. 148A(b), 148A(d), Art. 226]

Yellaiah Setty v. Asst. CIT (2024) 461 ITR 107 (Telangana)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Premature-Before issue of notice u/s 148-Writ petition is dismissed. [S.148, 148A(b), 148A(d), Art. 226]

Dinesh Kumar Goyal, HUF v. ITO (No. 2) (2024) 461 ITR 113 (Cal)(HC)/Editorial : Refer , Dinesh Kumar Goyal, HUF v . ITO .(No. 1) (2024)461 ITR 111 / 161 taxmann.com 584 (Cal)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposits–Cash was withdrawn and redeposited in the bank account-No tangible material-Reassessment notice is held to be bad in law.[S.148, 148A(b), 148A(d), Art. 226]

GSP Piling Constructions (P.) Ltd. v ACIT (No 2) (2023) 156 taxmann.com 665 (2024) 461 ITR 59 / 296 Taxman 524(Cal)(HC)/GSP Piling Constructions (P.) Ltd. v ACIT (No 1)(2024) 461 ITR 45 ( Cal)( HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Mere failure to file reply cannot be the ground to issue notice u/s 148-Even in ex-parte order, the authority has to record reasons for coming to a conclusion as to why the case has been taken out for re-opening of the assessment-Matter restored to the Assessing Officer to the stage of notice u/s. 148A(b) of the Act. [S. 148, 148A(b), 148A(d) Art. 226]