Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sunshine Capital Ltd. v. Dy. CIT (2024) 299 Taxman 192 /338 CTR 898 (Delhi)(HC)

S. 153 : Assessment-Reassessment-imitation-Order giving effect to the order of the Tribunal-Expression ‘received’-Once a responsible officer of department becomes aware of order, period of limitation would commence from that point in time-Department is directed to remove demands and penalty reflected in ITBA portal and to refund amount lying with Department along with interest [S. 254(1), Art. 226]

Ram Narayan Sah v. UOI (2024) 299 Taxman 276/ 340 CTR 505 (Gau.)(HC)

S. 151A : Faceless assessment of income escaping assessment-Notice reflecting name of concerned Income tax Authority-Department was to be directed to withdraw impugned notice and issue fresh notice if permissible under law as per scheme read with section 151A [S. 144B, 147,148,148A Art. 226]

Neelam Dubey (Smt.) v. UOI (2024) 299 Taxman 379 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Search-Unaccounted cash-Jurisdictional error-Question of jurisdictional error regard to invoking sections 147, 148 and 148A and not section 153C was raised, same should be considered by Assessing Officer and a finding be recorded thereon while passing final orders. [S. 148, 148A(b), 148A(d), 153C, Art. 226]

Rahul Suri v. UOI (2024) 299 Taxman 526 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Seeking reappreciation of entire matter on its merits, which was impermissible in review jurisdiction-Review petition is dismissed [S. 144, 147, 148, 148A(b), 148A(d), Art. 226]

Rahul Sachan v. ITO (2024) 299 Taxman 369 / 466 ITR 353 (All.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-information flagged under Risk Management Strategy (RMS)-Providing accommodation entries-Existence of information-Reopening of assessment is justified.[S. 69A,148, 148A(b), 148A(d), Art. 226]

Coonoor Sri Thanthi Mariamman Kerala Seva Sangam v. AUI (2024) 299 Taxman 470 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Cash deposited in bank account-Reply was not considered-Reassessment notice and order disposing the objection is set aside.[S. 148, 148A(b), 148A(d), Art. 226]

Rakesh Beniyal v. ITO (Assessment) (2024) 299 Taxman 409 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Bank account was opened without his knowledge-Disputed questions of fact-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]

Mahesh Kumar Verma v. UOI (2024) 299 Taxman 141 (All.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Information which was relied upon by revenue was not completely furnished-Notice and order disposing the objection is quashed and set aside. [S. 148, 148A(b), 148A(d), Art.226]

Componentsource Company Ltd. v. ACIT(IT) (2024) 299 Taxman 329 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amount received from sale/resale of shrink-wrapped software-Not royalty or Fees for technical services-Reassessment notice and order disposing the objection is quashed-DTAA-India-Japan. [S. 9(1)(vi), 9(1)(vii), 148A(b), 148A(d),art.5 Art. 226]

Telenor South Asia Investment Pte. Ltd. v. Dy.CIT (2024)299 Taxman 232 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Foreign companies-company is a resident of Singapore-Investment in Indian subsidiary-Tax on dividends, royalty and technical services-Capital account transaction-Investments could not be treated as income as same was in nature of capital account transaction not giving rise to any income[S.9(1)((i), 115A, 148A(b), 148A(d), Art. 226]