Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. G. Lakshmi Aruna (Smt) (2024) 297 Taxman 396 (SC) Editorial: PCIT v. G. Lakshmi Aruna (2023) 150 taxmann.com 107 /333 CTR 257/225 DTR 417 (Karn)(HC)

S. 153C : Assessment-Income of any other person-Recording of satisfaction is mandatory by the Assessing Officer of searched person-Order of High Court affirming the order of Tribunal is affirmed-SLP of Revenue is dismissed. [S. 143(3)]

ITO v. Pinki Rajesh Modi (2024) 297 Taxman 397 (SC) Editorial: Pinki Rajesh Modi v. ITO (2023) 153 taxmann.com 469/(2023) 294 Taxman 491 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Satisfaction recorded by Joint Commissioner-The notice issued under section 148 and order is set aside by High court-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151 (1), Art. 136]

Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC) Editorial: Thirdware Solution Ltd v. Dy.CIT(2023) 146 taxmann.com. 364 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction was issued by Joint Commissioner-Notice and order disposing the objection is quashed and set aside-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151(1), 151(2), Art.136]

Pramila Mahadev Tadkase v. ITO (2024) 297 Taxman 161 / 468 ITR 275(Karn.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit for notice-Less than 50 lakhs-Sale of property-Capital gains-Tax deducted at source-Notice and order disposing the objection is quashed.[S. 148, 148A(b), 148A(d),149, Art.226]

Ahmedabad District Co-Op Milk Producers Union Ltd. v. ITO (2024) 297 Taxman 315 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Order passed without granting an opportunity of hearing-Notice and order is set aside-Matter remanded back to the Assessing Officer.[Art. 226]

Siemens Ltd. v. Dy. CIT (2024) 297 Taxman 587 / 471 ITR 304 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dropping of re-assessment proceedings after considering the reply-Issuing notice again taking contrary stand within span of five days-Notice and order is quashed-Strictures-Principal Chief Commissioner is directed to conduct an inquiry against concerned officer who had passed said two orders, which contradicted each other, in a span of five days and to take necessary action. [S. 148A(b), 148A(d),149, 151,Art. 226]

Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356/ 471 ITR 83 (Cal.)(HC):Editorial : Champa Impex (P) Ltd. v. UOI (2024) 337 CTR 365 /470 ITR 689 (Cal) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-If required-Cash deposits during demonetization-Notice issued to clarify cash deposited in a particular bank-Order passed after considering the reply of assesee-Writ is dismissed. [S. 148A(b), 148A(d), Art.226]

Jaganathan Bhaarath v. ACIT (2024) 297 Taxman 461 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-e. filing portal did not include a tab for submission of an online reply-Matter remanded back for consideration. [S. 148, 148A(b), 148A(d), Art. 226]

Rajesh Patidar v. ITO (2024) 297 Taxman 30 / 469 ITR 510(MP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Proceedings yet to be completed-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

Deepak Modi v. ACIT (2024) 297 Taxman 82 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Accommodation entries-Violation of principle of natural justice-Search and seizure-Opportunity of hearing was not granted-Notice and order is set aside with liberty to Assessing Officer to pass a fresh order after hearing.[S.132, 148, 148A(b), 148A(d), Art. 226]