Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Atul Mahavirprasad Paldecha v. ITO (2025) 307 Taxman 331 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Allowed only four days to respond notice-Order passed under section 148A(d) as well as notice issued under section 148 were quashed and set-aside. [S. 69A, 148, 148A(b), 148A(d), Art. 226]

Mehul Ravjibhai Surani v. AUID(2025) 307 Taxman 202 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Failure to consider the reply-Natural justice-Order and notice set aside-Matter remanded.[S. 69, 115BBE, 147,148, 148A(b) 148A(d), Art.226]

Amarpadma Credits (P.) Ltd. v. ITO (2025) 307 Taxman 305 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Accommodation entries-Failure to consider the reply-Violation of principle of natural justice-Order of the Assessing Officer is set aside-the matter was remanded to the Assessing Officer to pass a fresh de-nova order under section 148A(d) after considering the reply of assessee. [S. 68, 132, 148A(b), 148A(d), Art. 226]

R. S. Alloys v. ITO (2025) 307 Taxman 70 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Accommodation entries-Opportunity of hearing was given-Reassessment notice is affirmed-Writ petition dismissed. [S. 68, 143(1), 148A(b), 148A(d), Art. 226]

Dhirajlal Laljibhai Patel v. ACIT (2025) 307 Taxman 530 (Guj.)(HC)

S.147: Reassessment-Amounts of investments not fully disclosed in books of account-Search-Information from public domain-Fishing enquiry-Reassessment notice and order disposing of the objection were quashed. [S.69B, 148, Art. 226]

ACIT v. Tungabhadra Minerals (P.) Ltd. (2025) 307 Taxman 303 (SC) Editorial: Balaji Mines and Minerals (P.) Ltd. v. ACIT [2024] 163 taxmann.com 37 (Bom HC)

S. 147: Reassessment-Borrowed satisfaction-Underinvesting of export-Justice M.B. Shah Commission’s Report-SLP delay of 411 days-SLP of revenue dismissed on account of delay as well as on merits. [S. 148, Art. 136]

Siddharth Maneklal Patel v. NEAC (2025) 307 Taxman 327 (Guj.)(HC)

144B: Faceless Assessment-Principle of natural justice-Video conference was not provided-Order passed was quashed and set aside-Assessing Officer to pass a fresh de novo order in accordance with law. [Art. 226 ]

Dy. CIT v. Mahamaya Steel Industries Ltd. (2025) 307 Taxman 126 (Chhattisgarh)(HC)

S. 145: Method of accounting-Undisclosed sales-Search-Estimated yield ratio-Low yield-Rejection of books of account not valid-Order of Tribunal deleting the disallowance was affirmed.[S.69A, 132, 145(3), 260A]

Classic Legends Pvt. Ltd. v.Asst. Unit /(2025) 307 Taxman 95 (2026) 484 ITR 550 /348 CTR 323 / 257 DTR 418 (Bom)(HC)

S. 144C : Reference to dispute resolution panel-Non eligible assessee-Assessing Officer cannot pass draft assessment order under section 144C(1)-Draft assessment order, final assessment order and notices of demand and penalty set aside. [S. 92CA(3), 143(3), 144C(15), 156, 270A, 271AAC, Art. 226]

Murliwala Agrotech (P.) Ltd. v. UOI (2025) 307 Taxman 543 (Raj)(HC)

S. 127: Power to transfer cases-Search-Udaipur to Delhi-With implementation of faceless assessment regime, transfer was neither reasonable nor justifiable-Order of transfer was set aside [S. 132, Art.226]