Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dinesh Dinakaran Pillai v. ITO (2024) 338 CTR 478 /237 DTR 35 (Ker)(HC) Editorial : Affirmed by division bench, Dinesh Dinakaran Pillai v. ITO (2024) 338 CTR 476 (Ker) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information from the insight portal-Disputed question of fact-Writ petition is affirmed. [S. 148, 148A(b) 148A(d), Art.226]

Dinesh Dinakaran Pillai v. ITO (2024) 338 CTR 476 (Ker) (HC) Editorial : Dinesh Dinakaran Pillai v. ITO (2024) 338 CTR 478 / 237 DTR 35 (Ker) (HC), affirmed.

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information from the insight portal-Disputed question of fact-Order of single judge dismissing the writ petition is affirmed. [S. 148, 148A(b) 148A(d), Art.226]

N. Binoj v. ITO (2024) 338 CTR 371 (Ker)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice in the name of deceased-Participated in the proceedings-Petition is dismissed on the ground that notice under S. 148A(b) was not in their names, subsequent orders and notice under S. 148A(b) and 148, respectively, cannot be passed and issued to them-The petitioners are granted 30 days further time from today to file return in pursuance to the notice under S. 148. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Anindita Sengupta v. ACIT (2024) 338 CTR 641/ 161 taxmann.com 39 /467 ITR 627 (Delhi)(HC) Editorial : Refer, UOI v. Rajeev Bansal (2024) taxmann.com [2024] 167 taxmann.com 70 (SC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Second notice under section 148 was issued after first reassessment proceedings are finalized-No writ petition was filed against the original reassessment notice-Second reassessment proceeding is quashed.[S. 148, 148A(b), 148A(d), Art. 226]

Godrej Projects Development (P) Ltd. v.ITO (2024) 338 CTR 193/ 159 taxmann.com 32 (Bom) (HC)

S. 147 : Reassessment-With in four years-Change of opinion-Specific query was raised in the original assessment proceedings-Shares at premium-Borrowed satisfaction-Reassessment notice and order disposing the objection is quashed and set aside. [S. 68, 148, Art. 226]

Taeyang Metal India (P) Ltd. v. Dy. CIT (2024) 338 CTR 161/ 160 taxmann.com 536 (Mad) (HC)

S. 144C : Reference to dispute resolution panel-Assessment-Limitation-Order passed beyond one month of directions of DRP under S. 144C(13)-The assessment order was barred by limitation.[S. 143(3), 144C(13), Art. 226]

Wadakkancherry Service CoOperative Bank Ltd. v. ITO (2024) 338 CTR 752 (Ker) (HC) Editorial :Order of single judge is set aside, Wadakkancherry Service Co-Operative Bank Ltd. v ITO (2024) 338 CTR 750 (Ker) (HC)

S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-Opportunity of personal hearing was not given-Writ petition is dismissed. [Art. 226]

Wadakkancherry Service Co-Operative Bank Ltd. v ITO (2024) 338 CTR 750 (Ker) (HC) Editorial :Order of single judge is set aside, Wadakkancherry Service Co-Operative Bank Ltd. v ITO (2024) 338 CTR 750 (Ker) (HC)

S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-Opportunity of personal hearing was not given-Order of single judge rejecting the petition is quashed and set aside. [Art. 226]

PCIT v. Ojasvi Motor Finance (P) Ltd. (2024) 338 CTR 964/ 163 taxmann.com 80 (Cal) (HC)

S. 143(3): Assessment-Transfer of case-Order passed by non-jurisdictional AO after transfer of case-Transfer of the PAN was only a consequential proceeding to the transfer of jurisdiction-Order is quashed and set aside by the Tribunal is affirmed. [S. 127, 260A]

Ayyappa Seva Samgham Bombay v. DCIT (2024) 338 CTR 632 / 161 taxmann.com 439// 467 ITR 672 (Bom) (HC)

S. 143(3) : Assessment-Remand-Appellate Tribunal-Order passed by AO beyond the directions of Tribunal-Order giving effect is quashed.-Change of opinion is not permissible – Entitle to refund with interest -Unexplained money – S. 115BBC(1) is not applicable to donations received as offerings from devotees -Strictures- Court also observed that “ For determining the taxes due the Assessing Officer should avoid bringing far -fetched and ideas . Without understanding the basic philosophy of income -tax , provisions are referred to so that any assessee can be taxed at any cost which is not fair or judicious approach to deal with the subjects of the State” [S. S. 11,12A, 44AB 69A, 115BBC(1), 254(1),263 , Form No 10B, Art.226 ]