Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Asst. CIT v. Vibhu International Ltd. (2023)107 ITR 6 (SN)(Delhi)(Trib)

S. 148 : Reassessment-Notice-Amalgamation-Factum of amalgamation intimated to Assessing Officer with request to cancel Permanent Account Number of amalgamating company-Notice in name of non-existent entity-Not sustainable.[S. 147]

Cricket South Africa (NPC) v. Asst. CIT (IT) (2023)107 ITR 93 (SN)/226 TTJ 936 (Delhi)(Trib)

S. 147 : Reassessment-Reasons recorded-Factual misstatements and inaccuracies-Sanction of commissioner without proper application of mind-Dispute Resolution Panel-Admitting errors-Reassessment is bad in law.[S.144C, 148, 151]

Asst. CIT v. Pradip Overseas Ltd. (2023)107 ITR 60 (SN) (Ahd.)(Trib.)

S. 147 : Reassessment-Settlement Of Case-Settlement Commission passing order settling case-Binding on department-Assessing Officer has no power to reopen assessment for year forming part of Settlement-Recovery of tax-Companies-Insolvency resolution-Resolution plan as approved by committee of creditors approved by National Company Law Tribunal-Binding on all Parties-Dues not forming part of resolution plan stand extinguished-Department has no power to reopen assessment [S.148, 245C(1), 245D(4)]

Bharti Singh (Smt.) v. Asst. CIT (2023)107 ITR 26 (SN)(Amritsar) (Trib)

S. 147 : Reassessment-Reasons recorded-No addition is made on the basis of recorded reasons-Addition is made on other grounds which are not part of the recorded reasons-Reassessment is quashed.[S. 148]

Evershine Recreation P. Ltd. v. Dy. CIT (2023)107 ITR 65 (SN)(Chd) (Trib)

S. 147 : Reassessment-After the expiry of four years-Borrowed satisfaction-Contrary to facts-All information was available while passing the original assessment order-Approval without application of mind-Reassessment is bad in law. [S. 132, 133A, 148, 151, 153A, 153C]

Evershine Recreation P. Ltd. v. Dy. CIT (2023)107 ITR 65 (SN) (Chd.)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Borrowed satisfaction-Reassessment is not valid-Approval is not valid [S. 132, 133A,148, 151, 153A, 153C]

Dilipkumar Jashbai Patel v. Asst. CIT (IT) (2023)107 ITR 79 (SN) (Ahd)(Trib)

S. 144C : Reference to dispute resolution panel-Assessment-Limitation-Draft assessment order-Objections a day late-And Dispute Resolution Panel dismissing objections as filed late-Assessing Officer is bound to complete assessment within a month from last date for filing objections-Order passed beyond that date ultra vires.[S.143(3)]

Rahil Marketing P. Ltd. v Dy. CIT (2023)107 ITR 48 (SN) (Ahd)(Trib)

S. 143(3) : Assessment-Amalgamation-Intimation to Department with the copy of order approving merger-Order passed in name of non-existent entity void and set aside.

Economical Credit and Construction Co. P. Ltd. v. ITO (2023)107 ITR 51 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Entries in the books of account-Sale of land-Entries in books is not conclusive-Right income should be taxed in right hands, under right head of income in right year of assessment-Addition as undisclosed income is deleted. [S. 4, 69, 133(6), 145]

Pravinchandra R. Patel v. Dy. CIT (2023)107 ITR 34 (SN)(Ahd) (Trib) Ansuben P.Patel (Smt) v. Dy. CIT (2023)107 ITR 34 (SN)(Ahd) (Trib)

S. 143(3) : Assessment-Unaccounted expenditure and receipts-Only profit element in unaccounted business receipts and net result of unaccounted receipts and expenditure could be brought to tax-Assessment made substantively in hands of company-Protective addition in hands of director is deleted-Certificate from Gram Panchayat secondary evidence-Primary Evidence of crops, income and expenses unavailable-Fifty Per Cent. treated as agricultural income-Balance treated as income from other sources-Cash available in hands of group-Set off to be permitted-If sufficient cash available after set off and adjustments-No addition is permissible-Depreciation-Value of addition to block-Addition of differential depreciation is deleted. [S. 5, 10(1), 32 56, 69]