Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Late Hiraben Kantial Shah v. DCIT (Mum) (Trib)

S. 153A : Assessment-Search-No addition can be made in case of completed or abated assessments in absence of incriminating material .[S. 68,132]

ACIT v. Paramount Probuild Pvt. Ltd. (2023)101 ITR 36 (SN) (Delhi) (Trib)

S. 153A : Assessment-Search-Cash Credits-No incriminating material found during search-Unabated assessment-Additions not sustainable. [S.68]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of CIT instead of A/JCIT-Notice is bad in law. [S.147 148, 151(2)]

R. K. Machine Tools Ltd. v. ITO (2023) 105 ITR 73 (Delhi)(Trib)

S. 148 : Reassessment-Notice —Information from other ITO-Income from undisclosed sources-Bogus purchases-Assessing Officer not pointing out any defect in maintenance of books of account-Reassessment notice is not valid .[S. 147]

Uttrakhand Poorv Sainik Kalyan Nigam Ltd. v. ITO (2023)105 ITR 435 / 224 TTJ 633(Dehradun) (Trib)

S. 148 : Reassessment-Notice-Reassessment proceedings taken prior to expiry of assessment year void ab initio.[S. 139(1), 139(4), 142(1)]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 148 : Reassessment-Notice-Dissolution of Company-Name of the company had been struck off from Register of Companies-Not intimidated to Assessing Officer-Notice is valid-Sanction-Reassessment for the assessmentyear 2003-04 is quashed as the Commissioner had granted approval instead of the Additional Commissioner or Joint Commissioner as prescribed under the law-Quantum of addition-Matter remanded. [S. 69, 147,151]

SAI Shipping Co. P. Ltd. v. ITO (2023)103 ITR 677 (Mum) (Trib)

S. 147: Reassessment-International transaction-Case transferred to transfer pricing officer-Verification of records-Held, reopening of assessment bad in law. [S. 143(3),148]

Sasi Enterprises v. Dy. CIT (2023)105 ITR 29 (SN)(Chennai) (Trib)

S. 147 : Reassessment-Change of opinion-Original assessment made on scrutiny-no tangible material coming into possession of AO for formation of belief that income had escaped assessment, Reassessment on materials is impermissible. [S. 143(3), 148]

Glen Propbuild Pvt. Ltd. v. DCIT (2023) 103 ITR 71 (Trib) (SN)(Delhi)(Trib)

S. 147: Reassessment-Change of opinion-Initiated basis perusal of case records itself is a clear case of change of opinion and is liable to be quashed. [S. 148]

Gold Star Pharmaceutical Pvt. Ltd. v. ITO (2023) 202 ITD 388/ 104 ITR 630 (Amritsar)(Trib)

S. 147 : Reassessment-Loose slip-Information received from Central Bureau of Investigation (CBI)-Affidavit-Assessment completed without verification of books of accounts as the same were impounded by CBI was in violation of natural justice-Matter remanded back to AO.[S. 148,ITATR.29]