Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajhans Processors v. UOI (2023) 292 Taxman 332/332 CTR 581/ 225 DTR 224 (Raj.)(HC)

S. 147 : Reassessment-With in four years-Investment for purchase of property at Pali-Recorded reason the property mentioned at Delhi-reasons for reopening assessment were founded on non-existent transaction of purchase of property at Delhi, reassessment proceedings was quashed. [S.69, 148, Art. 226]

Ball Aerosol Packaging India (P.) Ltd. v. ACIT (2023)459 ITR 303 / 292 Taxman 55 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Shares issued at premium to non-resident company-Valuation certificates were furnished under FEMA regulations-Income from other sources-Detailed explanation was furnished in the course of original assessment proceedings-No new material or information-Reassessment notice and order was quashed and set aside. [S. 56(2)(viib), 79, 148, R.11UA, Art. 226]

Indo Colchem Ltd. v. Dy. CIT (2023) 292 Taxman 156 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Alternative remedy-Writ petition is dismissed.[S. 148, Art. 226]

Shree Nagalinga Vilas Oil Mills v. ITO (2023) 292 Taxman 533 /(2024) 337 CTR 232 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Cash credits-Objection raised by assessee were rejected without applying mind to facts-Material particulars, different from reasons given for reassessment-Reassessment notice and consequential orders were quashed and set aside. [S. 68, 92CA, 148, Art. 226]

Indu Goenka v. Asst. Unit, ITD (2023) 292 Taxman 444 (Cal.)(HC)

S. 144B : Faceless Assessment-Violation of principles of natural justice-Standard Operating Procedure (SOP) is not followed-The Assessing Officer had acted in a most perverse manner in passing assessment order-The assessment order was a classical example as to how an assessment should not be made-Assessing Officer had reduced procedure to an empty formality, which had to be deprecated-Assessment order was quashed and set aside. [S. 143(3), Art. 226]

Bharatkumar Rajendraprasad Dave v. Dy. ACIT(2023) 458 ITR 97/292 Taxman 173 (Guj.)(HC)

S. 144B : Faceless Assessment-Draft assessment order-Violation of principle of natural justice-Assessment order quashed and set aside and Assessing Officer was to be directed to provide sufficient opportunity to assessee after serving show cause notice cum draft assessment order. [S. 143(3), Art. 226]

Margita Infra v. NEAC (2023)458 ITR 101 / 292 Taxman 178 (Guj.)(HC)

S. 144B : Faceless Assessment-Method of accounting-Principle of natural justice-Not granted virtual hearing-Additions were made 50 times more to income proposed in show cause notice-Order was quashed and set aside. [S. 36(1)(iii), 68, 69A, 145, Art. 226]

Suyambulingam Suresh v. ITO (2023)458 ITR 746 / 292 Taxman 522 (Mad.)(HC)

S. 143(3) : Assessment-Life insurance premium-Personal hearing-Failure to attend various notices-Writ against the assessment order is dismissed. [S. 80C, 80TT, 142(1), 143(2), Art. 226]

Samaddar Brothers v. CIT (2023) 292 Taxman 323 (Cal.)(HC)

S. 69A : Unexplained money-Amounts of investments not fully disclosed in books of account-Unexplained expenditure-Survey-Purchase of goods no explanation was furnished-Excess stock was found-Mahajani Khata-Order of Tribunal confirming the addition is affirmed. [S. 69B, 69C, 133A, 145]

PCIT v. Narula Educational Trust (2023) 292 Taxman 456 (Cal.)(HC)

S. 69 : Unexplained investments-Search-Reference to DVO-DDIT (Inv)-DDIT did not have power to make reference to DVO-Power was acquired only on 1-4-2017 by virtue of Finance Act, 2017 under section 132(9B)-Order of Tribunal deleting the addition was affirmed. [S. 132, 132(9B)]