Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT-6 v. National Company Law Tribunal, Mumbai [2024] 168 taxmann.com 700 (Bom.)(HC)

S. 237 : Refunds-Insolvency and Bankruptcy Code, 2016-Moratorium-Adjustment of refund against past demands barred-TDS collected before moratorium not refundable. [S. 199, Insolvency and Bankruptcy Code, 2016,9, 14, Art. 226]

ACIT v. Sandvik IT Services Ab [2024] (Bom.)(HC)

S. 158AB : Repetitive appeals-Identical question of law-An application to defer filing of an appeal was allowed where an identical question for a previous year was pending and the assessee had consented. [S. 158A(b),260A, Income-tax Rules, 1962, R.16]

Uttam Value Steels Ltd v. ACIT [2024] 166 taxmann.com 493 / [2024] 186 SCL 70 (Bom.) (HC)

S. 153C : Assessment-Income of any other person-Search-Insolvency and Bankruptcy Code, 2016-Resolution Plan-Extinguishment of dues-Once a resolution plan is approved by the NCLT, all claims not part of the plan, including statutory dues for the pre-CIRP period, stand extinguished-The Revenue cannot initiate or continue proceedings for such a period post-approval. [S.. 132,. 133, 142(1), 143(2), 143(3) Insolvency and Bankruptcy Code, 2016, 31]

HDFC Ergo General Insurance Ltd v. ACIT [2024] 168 taxmann.com 357 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Vitiated for want of jurisdiction. [S.148, 148A(b), 148A(d), Art. 226]

Eureka Forbes Ltd v. DCIT [2024] 168 taxmann.com 222 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices under sections 148 and 148A issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Held to be without jurisdiction and invalid. [S.148, 148A(b), 148A(d), Art. 226]

Aristo Pharmaceuticals (P.) Ltd v. ACIT [2024] 167 taxmann.com 315 (Bom.) (HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Central charge-Reassessment proceedings under sections 148 and 148A initiated by Jurisdictional Assessing Officer-Invalid as jurisdiction vests with Faceless Assessing Officer under scheme notified through Notification No. 18/2022-Exclusion for ‘central charges’ not applicable. [S.144B, 148, 148A(b), 148A(d) Art. 226]

Bank of India v. ACIT [2024] 167 taxmann.com 75 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices and order under sections 148A and 148 issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A-Proceedings held invalid and without jurisdiction. [S.148, 148A(b), 148A(b),Art. 226]

Great Eastern Shipping Co Ltd v. ACIT [2024] 167 taxmann.com 186 (Bom.) (HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A; notice held to be without jurisdiction and quashed. [S.148, 148A(b), 148A(d), Art. 226]

Mondelez India Foods (P.) Ltd v. ACIT (2024) 167 taxmann.com 380 (Bom.) (HC)

S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Reassessment notice issued by Jurisdictional Assessing Officer (JAO) held invalid as per section 151A and the notified scheme, which mandates issuance by a Faceless Assessing Officer (FAO). [S. 148, 148A(b), 148A(d), Art. 226]

BKS Galaxy Realtors LLP v. ACIT [2024] 167 taxmann.com 154 (Bom.)(HC)

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Mandatory scheme under section 151A not followed-Proceedings vitiated for want of jurisdiction. [S. 119, 148, 148A(b),148A(d), Art. 226]