Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Aryan Education Society v. NFAC (2023) 332 CTR 124 / 221 DTR 244 (Bom)(HC)

S. 144B : Faceless Assessment-Principle of natural justice-Draft assessment order-Assessment order is set aside and the matter is remanded back for fresh consideration by the AO in accordance with the provisions of the Act. [S. 144B(1)(xiv), Art. 226]

Srinivas Meesala v. Add. CIT (2023) 331 CTR 464/146 taxmann.com 322 (AP)(HC)

S. 144B : Faceless Assessment-Best judgement assessment-Reassessment-Unexplained money-Alternative remedy-Writ petition is dismissed.[S. 69A, 144, 147, 148, 246A, Art. 226]

Green Valliey Industries Ltd. v. Assessment Unit, Income Tax Department. (2023) 330 CTR 4(Cal) (HC) Editorial : Division bench set aside the judgement of single judge, Green Valliey Industries Ltd. v.Asst. Unit, Income-tax Department (2023) 330 CTR 1/ 147 taxmann.com 295 (Cal)(HC)

S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-No patent violation of natural justice-Writ petition dismissed. [S. 143(3), Art. 226]

Green Valliey Industries Ltd. v. Asst. Unit, Income-tax Department (2023) 330 CTR 1/ 147 taxmann.com 295 (Cal)(HC) Editorial : Order of single judge is set aside, Green Valliey Industries Ltd. v.Asst. Unit, Income-tax Department (2023) 330 CTR 4 (Cal)(HC)

S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-Less than 48 hours to submit reply-Matter remanded back for fresh consideration. [S. 143(3), Art. 226]

Dy. CIT. v. Abacus Real Estate (P)(Ltd (2023) 332 CTR 38 (SC) Editorial: From the judgement of Bombay High Court in Abacus Real Estate (P) Ltd v. Dy.CIT (2021) 133 taxmann.com 277 (Bom)(HC) (WP No. 1221 of 2021 dt. 25-10 2021

S. 144B : Faceless Assessment-Show cause notice with draft assessment order-Order passed by the High Court is modified and the matter is remanded to the AO to pass a fresh assessment order, after following due procedure in accordance with law. [Art. 136, 226]

CIT v. Crystal Phosphates Ltd. (2024)461 ITR 289/ 332 CTR 215 /152 taxmann.com 232 (P&H)(HC)

S. 143(3) : Assessment-Limited scrutiny-Central Board of Direct Taxes-Instructions-Binding on Authorities-Notice issued under section 143(2) not in terms of instructions of Central Board of Direct Taxes-Notice and assessment order without jurisdiction. [S. 119, 143(2), 144]

Minosha India Ltd. v. CIT (2023) 331 CTR 470 /223 DTR 398 (Cal)(HC)

S. 143(3) : Assessment-Moratorium under Insolvency & Bankruptcy Code-Once the plan is approved under the Insolvency & Bankruptcy Code the resolution applicant starts on a clean slate and it cannot be faced with surprise claims, therefore, the assessment order which is the subject matter of the appeal cannot be enforced any longer, nor the consequential proceedings which arose from the assessment order. [S. 37(1), Insolvency & Bankruptcy Code, 2016, S.14, 30(6),31, 260A]

Dy. CIT v. Optima Era Infra Joint Venture (2023) 331 CTR 702 702/221 DTR 486(All)(HC)

S. 143(3): Assessment-Disallowance of 20% of gross expenses-Tribunal deleting the addition-Order of Tribunal is affirmed. [S. 143(2) 144, 260A]

Prashant Chandra v. Harish Gidwani Dy. CIT (2022) 145 taxmann.com 496 /(2023) 330 CTR 404/221 DTR 289 (All)(HC)

S. 143(2) : Assessment-Notice-Contempt-Not following the judgement of High court order-Liable for contempt-Notice was quashed on ground of jurisdiction as well as consequential orders were also directed to be set aside-Assessing Officer deliberately and intentionally Assessing Officer permitted to continue, outstanding amount operative on web portal till seven months-Reputation of assessee-Assessing Officer is held of Contempt of Court-Directed to pay a fine of Rs 25000 along with simple imprisonment for a period of one week, in case of default one day’s further simple imprisonment. [S. 124, Contempt of Courts Act, 1971, S. 12]

Nouvelle Advisory Services (P) Ltd. v ACIT (2023) 331 CTR 239/ 223 DTR 449(Cal)(HC) Editorial : Order of single judge is modified, Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 291 Taxman 583/ 331 CTR 235/ 223 DTR 145 (Cal)(HC)

S. 127 : Transfer of case-Proceedings for assessment is pending-At the motion stage the Court cannot pass the interim order-Pendency of writ petition will not bar for proceed with assessment proceeding.[S. 148, 148A(d), Art, 226]