S.147: Reassessment-After the expiry of four years-Cash credits-Search-Deposit of cash in bank-No scrutiny assessment was done-Reassessment notice is held to be justified-Review petition is dismissed [S. 68, 143(1), 147, Art. 226]
S.147: Reassessment-After the expiry of four years-Cash credits-Search-Deposit of cash in bank-No scrutiny assessment was done-Reassessment notice is held to be justified-Review petition is dismissed [S. 68, 143(1), 147, Art. 226]
S. 144C : Reference to dispute resolution panel-Principle of natural justice-Only one day time was given to file reply-Matter remanded.[S. 92CA, Art. 226]
S. 144B : Faceless Assessment-Sale of property-Not allowing the relief under section 48-Assessing Officer abdicated his role as adjudicator-Assessment order is quashed and set aside-Assessee is directed to file the return within two weeks. [S. 48, 144, 147
S. 144 : Best judgment assessment-Question of fact-Alternate remedy-High court cannot investigate into facts-Writ petition is dismissed. [S. 153, Art. 226]
S. 144 : Best judgment assessment –Non service of notice-Principle of natural justice-New PAN card-Change of address uploaded-Order and penalty notices are quashed and set aside. [S. 271(1)(b), 271 (1)(c), Art. 226]
S. 143(3): Assessment-Cash credits-Share application money-Recovery-National Company Law Tribunal admitted insolvency petition against assessee-Revenue in terms of Insolvency and Bankruptcy Code, 2016 had not lodged its claim with RP-Revenue could not enforce assessment order and demand notice. [S. 68, 156, 220, 271AAC 272A(1)(d), Insolvency and Bankruptcy Code, 2016 and regulation 7 of the Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 S. 31]
S. 143(3): Assessment-limited scrutiny-Conversion into complete scrutiny-Derogation to Instruction No. 5 of 2016, dt. 14th July, 2016-Order of Tribunal quashing the addition is affirmed-No substantial question of law.[S. 119, 142(1), 143(2), 260A]
S. 143(3): Assessment-Amalgamation-Revised return-Change of address-Mistake committed by assesseee-Giving old address instead of new address and email-Matter is remanded. [S. 115BBE, 127, 144B, 282, Art. 226]
S. 139 : Return of income-Revised return after amalgamation-Effect of order of Tribunal or Court in respect of business reorganisation-Provisions of section 170A, as inserted by Finance Act, 2022, would not apply for assessment year 2021-22, but for and from assessment year 2022-23.[S. 139(5), 170, 170A, Art. 226]
S. 132 : Search and seizure –Block assessment-Validity of search proceedings-Satisfaction note was not produced before the Court in spite of specific direction given by the Court-All proceedings including the prosecution are quashed-Court also observed that the order does not preclude the Revenue from taking any such proceedings as they may be so advised and to utilise the information or material in such proceedings against the assessee as is permissible in law. [S. 132, 153A, 158BC, 158BFA, 276C, 277, 278B, Art. 226]