Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 595 / 235 DTR 316 / 235 DTR 316 (Cal) (HC) Editorial : Order of single judge is set aside, Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 592 (Cal) (HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Violation of principle of natural justice-Non-speaking order-No procedural irregularities-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 592 / 161 taxmann.com 584 (Cal) (HC) Editorial : Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 595/ 235 DTR 316(Ca)(HC) is set aside; Shyam Sundar Dhanuka v UOI (APOT No. 187 of 2023, dt 30th Aug., 2023 (Cal)(HC)) distinguished

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposits-Information has been received through insight portal regarding cash deposits, interest receipts, purchase of debentures, etc-No tangible material placed by the AO to show that there was escapement of income from the payment of income-tax-Order and notice is quashed and set aside.[S. 148,148A(b), 148A(d) Art. 226]

Champa Impex (P) Ltd. v. UOI (2024) 337 CTR 365 (Cal) (HC) Editorial : Affirmed by division bench, Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356 (Cal.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Defects in the notice-Curable defects-The body of the annexure to the notice under S. 148A(b) there is a reference of some transaction relating to financial years 2017-18 and 2018-19 and that it is incurable defect and it cannot be cured is not sustainable-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]

Arati Marketing (P.) Ltd v. UOI (2024) 337 CTR 137 / 159 taxmann.com 322 (Cal) (HC) Instyle Agencies (P) Ltd v. ITO (2024) 337 CTR 137 159 taxmann.com 322 (Cal) (HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notices issued on or after 1-4-2021 relating to assessment years 2013-14 and 2014-15, under section 148 (old)-Treating the same as under newly inserted section 148A by Finance Act, 2021 which came into effect from 1-4-2021-Notice and all subsequent proceedings on the basis of said notices are not sustainable in law being barred by limitation as provisions of TOLA applied to pre-amended law as applicable till 31-3-2021. [S. 148, 148A(b), 148A(d), 149, Art. 226, Taxation and Other Laws (Relaxation and Amendment of certain Provisions) Act, 2020]

Meet Lalwani L/H of Late Mrs Amita Lalwani v. ITO (2024) 337 CTR 602 (MP)(HC)

S. 148 : Reassessment-Notice-Dead person-Notice issued to a dead person to reopen the assessment is null and void. [S. 147, Art. 226]

Kalinga Institute of Industrial Technology (KIT) v. ACIT(E) (2024) 337 CTR 108 (Orissa) (HC)

S. 147 : Reassessment-With in four years-No new tangible material-Review of the assessment to rectify earlier error or omission-Notice and order disposing the objection is quashed. [S. 148, 263, Art. 226]

Surani Steel Tubes Ltd. v.ITO (2022) 136 taxmann.com 139/ (2024) 337 CTR 84 (Guj) (HC)

S. 147 : Reassessment-After the expiry of four years-Borrowed satisfaction-Accommodation entry-Information supplied by Investigation Wing-Bogus sales, purchases, fictitious loans etc-Notice and order disposing the objection is quashed. [S.68, 148, Art. 226]

Shri Shanmukhananda Fine Arts & Sangeetha Sabha v. DY.DIT(E) (2024) 337 CTR 114 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Depreciation-Subject matter of appeal-Third proviso-Reassessment notice and order disposing the objection is quashed. [S. 11,32, 148, Art, 226]

Shapoorji Pallonji Solar Holdings (P) Ltd. v. ITO [2023] 152 taxmann.com 52 / (2024) 337 CTR 981/470 ITR 139 (Mad) (HC)/Editorial : Affirmed in Shapoorji Pallonji Solar Holdings Pvt. Ltd. v. ITO(No. 2) (2024)470 ITR 142 (Mad) (HC)

S. 143(3): Assessment-Losses under head capital gains-Pendency of appeal-Alternative remedy-Writ is not maintainable. [S. 45, 74, 246A, Art. 226]

P.S. Subramanian v. ITO (2024) 337 CTR 984/ 160 taxmann.com 232 (Mad) (HC)

S. 143(3):Assessment-Reassessment-Death of assesseee-Legal representative-Defective appeal-Legal representatives must register themselves in the IT Portal by submitting the PAN of the deceased assessee along with their PAN as the legal representative of deceased assessee and produce a death certificate-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), 159, 221(1) 246A, Art. 226]