Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Amrit Homes (P.) Ltd. v. DCIT (2023) 457 ITR 334 /294 Taxman 661 (MP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No obligation to supply material or evidence on basis of which opinion is formed – Interpretation of Taxing Statutes – Nothing can be read into or implied – Words to be given their plain meaning-A taxing statute is to be interpreted literally-There is no intendment to taxing statute and nothing can be implied from or read into a taxing statute. The words used in taxing statutory provision are required to be given their plain meaning-.Alternative remedy-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

Ashok Kumar Sharma v. PCIT (2023) 458 ITR 54 / 294 Taxman 499 (HP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transfer cases from Chandigarh to New Delhi-Transfer of case to new Delhi-Notice issued by the Assessing Officer who had no jurisdiction-Order of Transfer come in to effect immediately-Notice was quashed-Existence of alternative remedy is not absolute bar. [S. 127(2), 148, 148A(b) 148A(d), Art. 226]

Pramod Kumar Madhogarhia v. UOI (2023) 456 ITR 21 / 294 Taxman 291 (Cal.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Purchases from parties-Violation of principle of natural justice-Order set aside and matter remanded to the file of the Assessing Officer at the stage of show cause notice. [S. 148A(b), 148(d), Art. 226]

Kalicharan Agarwalla v. Office of The Income-tax Officer (2023) 294 Taxman 295 (Cal.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Search-Finacial scam-Principal CIT was directed to refer the case along with all other involving same broker where similar modus operandi was adopted relating to unaccounted cash loan to Enforcement Directorate (ED).[S. 69A, 132, 148A(b), 148A(d), Art.226]

Sahil Infra Creative (P.) Ltd. v. Income-tax Officer (2023) 455 ITR 11 / 294 Taxman 113 (Guj)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Opportunity must be given-Order passed without considering the objection raised under the earlier unamended provisions of section 148 of the Act-Order is set aside. [S. 148, 148A(b), 148A(d), Art. 226]

J.P. Morgan Chase Holdings LLC v. ACIT (2023) 294 Taxman 245/(2024) 462 ITR 108 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Notice issued was without application of mind-Order and notice was quashed and set aside. The matter is remitted back to revenue to consider matter afresh. [S. 148A(b), 148A(d), Art. 226]

Packirisamy Senthilkumar v. Government of India. (2023) 294 Taxman 546/(2024) 461 ITR 473 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Notice issued on the issue of unexplained investment-Order passed on other issues without issuing an opportunity to explain-Assessing Officer was directed to pass order afresh after giving an opportunity of personal hearing to assessee-Matter remanded.[S.69, 148A(b), 148A(d), Art. 226]

Krishna Diagnostic (P.) Ltd. v. ITO (2023) 294 Taxman 109/ /(2024)468 ITR 283 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Purchase of property-Assessing Officer assumed it sale of an immoveable property-Capital gains-Order and consequential notice were set aside order and consequential notice were set aside. [S.69, 133(6), 148A(b), 148A(d), Art. 226]

Flipkart (P.) Ltd. v. ITO(IT) (2023) 294 Taxman 300 (Karn.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Share application money-Order passed without considering the reply-Order is set aside-Matter is remanded. [S. 148A(b), 148A(d), Art. 226]

Movish Realtech (P.) Ltd. v. Dy. CIT (2023) 294 Taxman 353/(2024) 460 ITR 334 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-No opportunity of hearing was given-Order and reassessment notice was quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]