Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Vertex International (P.) Ltd. v. ACIT (2023) 149 taxmann.com 480 (Delhi)(HC) Editorial : SLP of the assessee is dismissed as withdrawn, Vertex International (P.) Ltd. v. ACIT (2023) 293 Taxman 72 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Revenue had failed to furnish any (S. 148, 148A(b), 148A(d), Art. 226]

Deepak Kumar Yadav v. PCIT (2023) 293 Taxman 694/(2024) 460 ITR 50 /336 CTR 393 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Purchase of arecanut (Supari)-Failure to give an opportunity of cross examination-Non existence of sellers-Formation of opinion by authority concerned under section 148A(d), could not be questioned on basis of detailed defence setup by assessee on merits of information, including opportunity of cross-examining seller or by demanding documents relating to such information-Writ petition is dismissed. [S. 69A, 143(1), 148, 148A(b), 148A(d), Art. 226]

Pawan Girishbhai Batavia v. ITO (2023) 293 Taxman 179/(2024) 469 ITR 576 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-Resident Indian-Investment in shares-Automatic route of FDI-Violation of principle of natural justice-Matter was sent back to concerned officer from stage where he committed serious error in not complying with statutory requirements-Order passed under section 148A(d) was quashed and set-aside. [S. 56(2)(vii), 148, 148A(b), 148A(d), Art. 226]

Crescent EPC Projects and Technical Services Ltd. v. Dy. CIT (2023) 293 Taxman 462 (Telangana)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Civil construction-Objections were dealt with in a very mechanical manner-Order and notice were to be set aside and matter was to be remanded back to pass a fresh order in accordance with law after giving an opportunity of personal hearing.[S. 48, 148A(b), 148A(d), Art. 226]

Inderpal Singh Sayan v. Assessment Unit ITD (2023) 293 Taxman 731/(2024)462 ITR 220 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Capital gains-Search-Violation of principle of natural justice-Without giving a reasonable opportunity to file reply to show cause notice-Order passed under section 148A(d) and notice issued under section 148 were quashed. [S. 48, 148, 148A(b), 148A()d), Art. 226]

Centre For Policy Research v. Dy. CIT (2023) 293 Taxman 632 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Survey-Charitable purposes-Prima facie amended section 149 might not be applicable-Matter required examination-Matter to be listed on 22-11-2023-Stay was granted for continuation of reassessment proceedings, till further directions of court. [S. 148, 148A(b), 148A(d), 149, Art. 226]

Avinashilingam Institute for Home Science and Higher Education for Women v. ACIT (E) (2023) 458 ITR 491/ 293 Taxman 195 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Educational institution-Deemed university-Order passed under section 148A(d) and consequential notices were quashed. [S. 10(23C)(iiiab), 139(4C), 148, 148A(b), 148A(d), Art. 226]

Dhansri Roller Flour Mills v. UOI (2023) 293 Taxman 716 /335 CTR 328 /(2024) 460 ITR 326(Gauhati)(HC)/Editorial : SLP of Revenue is dismissed on account of gross delay of 294 days . Revenue could not explain the delay satisfactorily , UOI v. Dhansri Roller Flour Mills (2024) 300 Taxman 106 (SC)

S. 147 : Reassessment-Special category states-Assessing Officer applied his mind-Proceeding to reopen assessment was actuated merely by a change of opinion and, hence, impugned notice was set aside-Time limit to issue of notice-Notice is not barred by limitation-Sanction obtained satisfaction of Additional Commissioner, an authority who is not covered by provision of section 151(1), as it stood on 1-1-2019, proceeding initiated against assessee-company by issuance of notice under section 148 was held to be not in accordance with law.[S. 80IC, 148, 149, 151 (1), Art. 226]

Mallikarjuna Rice Industries v. ITO (2023)458 ITR 566/ 293 Taxman 400 (Telangana) (HC)

S. 147 : Reassessment-With in four years-Change of opinion-Deductions on actual payment-Outstanding Rural Development (RD) cess amount as a liability in balance sheet-Rectification proceeding was dropped-All material facts were disclosed before Assessing Officer at time of original assessment-Affirming the order of the Tribunal the Court held that the reassessment is bad in law. [S. 43B, 143(3), 148, 154]

Munjal M Jaykrishna Family Trust v. ITO (2023) 293 Taxman 665 /333 CTR 364 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Long term capital gains from equities-Instances of insider trading-Formation of opinion based on prima facie, but precise facts-Strong foundation for invoking reassessment-Challenge to notice was dismissed.[S. 10(38), 45, 148, Art. 226]