Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 203 (SC) ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 444 (SC) ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 436 (SC) Editorial: Rich Feel Health & Beauty (P.) Ltd. v. ITO (2022) 440 ITR 41 / 284 Taxman 286 (Bom)(HC), affirmed.

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Advertisement-Not open for the AO to reopen assessment based on very same material and to take a different view-Order of High Court affirmed. [S. 148, Indian Medical Council Act, 1956 read with Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Art. 136]

ACIT v. Godrej and Boyce Manufacturing Co. Ltd. [2023] 453 ITR 14 / 293 Taxman 311 (SC) Editorial: Godrej and Boyce Manufacturing Co. Ltd (2023) 453 ITR 10 (Bom)(HC), is affirmed.

S. 147: Reassessment-Notice after the expiry of four years-Revision proceedings was dropped by the PCIT-Sanction given for reassessment on same ground-Non application of mind-SLP of revenue dismissed. [S. 115JB, 143(3) 263 Art. 136]

PCIT v. Conwood Medipharma (P.) Ltd. (2023) 291 Taxman 393 (Delhi)(HC)

S. 145 : Method of accounting-Rejection of books of account-Equity trading, derivatives trading and real estate investment-Deletion of addition by the Appellate Tribunal-Question of fact.[S. 144, 260A, Code of Civil Procedure, 1908. S 100]

CIT. v. Roca Bathroom Products P. Ltd (2023) 291 Taxman 529 (SC) Editorial : Refer CIT. v. Roca Bathroom Products P. Ltd (2022) 445 ITR 537 / 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Dy. CIT v. Freight Systems (India) P. Ltd. (2022) 445 ITR 537/ 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Decisions of single judge affirmed, CIT. v. Roca Bathroom Products P. Ltd (2021) 432 ITR 192 (Mad)(HC)/ Dy. CIT v. Freight Systems (India) P. Ltd. (2021) 18 ITR-OL 468 (Mad)(HC)

S. 144C : Reference to dispute resolution panel-Limitation-Notice by Dispute Resolution Panel four years after direction by Tribunal-Barred by limitation-High Court has power to quash show-cause notice-Decisions of single judge affirmed-SLP is granted to the Revenue. [S. 92C, 92CA, 144C(13), 153, 254(1), Art. 136]

Rahim Saib Hiryaur Hyder Ali v.NFAC (2023) 457 ITR 253/291 Taxman 175 (Karn)(HC)

S. 144B : Faceless Assessment-Order was passed within short period of two days from issuance of notice-Violation of principle of natural justice-Assessment order was quashed and set aside.[143(3), Art. 226]

DLF Emporio Ltd v. NFAC (2023) 291 Taxman 455 (Delhi)(HC)

S. 144B : Faceless assessment-Vested right to personal hearing-If it has been requested for-Order was quashed and set aside. [S. 144B(7)(viii), Art. 226]

Sudhakar v. ACIT (2023) 291 Taxman 183 (Karn.)(HC)

S. 144 : Best judgment assessment-Principle of natural justice-Order set aside. [S. 144B, Art. 226]

PCIT v. Cosmat Traders (P.) Ltd. (2022) 291 Taxman 6 (Cal)(HC) Editorial: Order of Tribunal in Cosmat Traders (P) Ltd v. ITO (2021) 189 ITD 504 (Kol)(Trib) is affirmed.

S. 143(3) : Assessment-Jurisdictional issue-Notice issued by an authority who had no jurisdiction at relevant time-Participated in the proceedings-Issue of notice under section 143(2) is not procedural irregularity-Order of Tribunal quashing the order was up held. [S. 143(2), 292BB]

PCIT v. GJ Trading (P.) Ltd. (2023) 291 Taxman 152 (Telangana)(HC)

S. 143(2) : Assessment-Notice-Fringe benefits tax-Notice issued after six months from end of relevant financial year-Order of Tribunal quashing the assessment order was affirmed.[S. 115WE, 158BC]

Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 291 Taxman 583 / 331 CTR 235/ 223 DTR 145 (Cal)(HC) Editorial: Order of single judge is modified,Order of single judge is modified , Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 331 CTR 239/ 223 DTR 449( Cal )( HC) W.P.A. No. 25453 of 2022 dt.24-11-2022.

S. 127 : Transfer of case-No show cause notice was issued-Matter remanded to Commissioner for passing speaking order after affording opportunity of hearing.[S. 148, 148A(d), Art, 226]