Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ExxonMobil Company India (P.) Ltd. v. Dy. CIT (2024) 299 Taxman 205 (Bom)(HC)

S. 144C : Reference to dispute resolution panel-Appellate Tribunal-Remand-Even in partial remand proceedings from Tribunal, Assessing Officer is obliged to pass a draft assessment order under section 144C(1).[S.92CA(3), 144C(1), Art. 226]

Jaipal Reddy Amireddy v. UOI (2024) 299 Taxman 186/339 CTR 302 (Telangana.)(HC)

S. 144B :Faceless Assessment-Draft assessment order-Principle of natural justice-Order is passed without considering the reply-Matter remanded to the Assessing Officer. [S. 144C, Art. 226]

GHH India Mining and Tunnelling Equipment (P.) Ltd. v. PCIT (2024) 299 Taxman 519 / 466 ITR 363 (All.)(HC)

S. 144B :Faceless Assessment-Principle of natural justice-Opportunity of hearing-Assessment order had been passed five days after last date fixed that too without conducting any proceeding involving assessee, assessment-Order is set aside.[Art. 226]

Ara India LLP v. NFAC 2024) 299 Taxman 538 (All.)(HC)

S. 144B; Faceless Assessment-Principle of natural justice-Opportunity of hearing-Matter remanded.[Art. 226]

Poddar Real Estates (P.) Ltd. v. ITO (2024) 299 Taxman 183 (Cal.)(HC)

S. 143(3): Assessment-Ex-parte order-Change of address-Notice is served by affixing in old address-Order is set aside-Matter remanded-Directed to the Assessing Officer to serve copy of notice to new address and, thereafter affording an opportunity to assessee, pass a fresh order.[S.127, 147, 148, Art. 226]

Telco Co-operative Society Ltd. v. CIT (2024) 299 Taxman 477 / 471 ITR 285 (Jharkhand)(HC)

S. 143 :Assessment-Reassessment-Interest from providing credit facilities to its members and also interest on fixed deposit-Alternative remedy-Writ petition is dismissed.[S.80P, 148, Art. 226]

Rameshbhasi Jivrajbhai Desai v. Dy. CIT (2024) 299 Taxman 287 (Guj.)(HC)

S. 143(3) : Assessment-Reassessment-After the expiry of four years-Unexplained money-search-Cash payment-Peak amount-Unaccounted investment-Alternative remedy-Writ petition is dismissed.[S. 69A. 115BBE, 143(3), 147, 148, Art. 226]

Sushil Kumar Verma v. UOI (2024) 299 Taxman 250 (MP)(HC)

S. 139A : Permanent account number-Same number is allotted to another person-Income-tax Department was to be directed to forward a letter to CIBIL/other credit information companies informing about issuance of same PAN to assessee as well as to other person. [Art. 226]

Echjay Industries (P.) Ltd. v. Rajendra (2024) 299 Taxman 432 /340 CTR 82 (Bom.)(HC)

S. 132 : Search and seizure-Satisfaction note did not disclose any information which the authorities to have reason to believe were satisfied-Search and seizure action is quashed-Revenue may utlise the information or material in such proceedings as they may be so advised and to utilise the information or material in such proceeding against the assesse as is permissible in law. [S. 132(1)(a) to (c), Art. 226]

Pooja Trading Co. v. Dy. DIT (Inv.) (2024) 299 Taxman 534/338 CTR 842 (Delhi)(HC)

S. 132 : Search and seizure-Freezing bank accounts-As per section 132(8-A), order of freezing bank accounts could not remain in force for a period exceeding sixty days from date of order.[S. 132(3), 132(8A), Art. 226]