Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sujeev Gandhi v. UOI (2021) 283 taxman 47 (Delhi) (HC)

S. 154 : Rectification of mistake-Refund-House property and bank interest-Full tax was paid-Assessing Officer is directed to pass order in accordance with law. [S. 143(3), 221(1), 237, Art. 226]

PCIT v. Engineers Works (2021) 323 CTR 485 (AP)(HC)

S. 154 : Rectification of mistake-Depreciation-Contractor-Income estimated at 12.5 % of contractual receipts-Debatable-Rectification was held to be not justified. [S. 32(1)(ii)]

PCIT v. Janson Investments (P) Ltd. (2021) 208 DTR 105/(2022)441 ITR 162 / 324 CTR 203 (Karn.)(HC)

S. 153C : Assessment-Income of any other person-Search-Undisclosed investment-Statement recorded of third party-Opportunity of cross examination was not provided-Deletion of addition is held to be justified. [S. 69C]

Raju Bhupendra Desai v. ITO (2021) 323 CTR 446 / 207 DTR 129 (Guj.)(HC).Editorial: SLP of assessee dismissed, Raju Bhupendra Desai v. ITO( 2022) 443 ITR 6 (St)(SC)

S. 153C : Assessment-Income of any other person-Search-Notice was issued after considering the objections-Alternative remedy is available-Writ is not maintainable. [Art. 226]

H.C. Byregowda v. ACIT (2021) 323 CTR 500 / 207 DTR 324 (Karn.) (HC)

S. 153 : Assessment-Reassessment-Limitation-Issue of two notices-First notice dated 22nd march 2011 on business premises-Second notice on 6th April 2011 on residential premises-First notice was not withdrawn-Order passed on 28th March 2013-Barred by limitation on 31st December, 2011. [S. 147, 148, 153(2)]

Dr. Bharani R. Paluvai v. ITO (2021) 283 Taxman 159 (Mad.)(HC)

S. 149 : Reassessment-Time limit for notice-Issue of notice-Notice dated 31-3 2018-Despatched on same day-1-4-2018 being Sunday Franking was done by postal authorities on 2-4 2018-Notice is not time barred. [S. 147, 148, Art. 226]

Navkar Electronics v. ITO (2021) 323 CTR 1037 / 208 DTR 315 (Mad.)(HC) Editorial : Finding of single judge is set aside, Navkar Electronics v. ITO (2021) 323 CTR 1041 / 208 DTR 320 (Mad.)(HC)

S. 147 : Reassessment-Search and seizure-Information from third party-Satisfaction-Validity of issue was notice u/s. 148 was left open to be decided in appeal-Order of single judge was set aside. [S. 132, 148, 153C, 158BD, Art. 226]

K. Rajesh v. ACIT (2021) 283 Taxman 153 (Mad.)(HC)

S. 147 : Reassessment-With in four years-Value of any benefit or perquisites-On the basis of observation by the CIT (A)-Repayment of loan-Disputed facts cannot be adjudicated in writ proceedings-Reassessment notice is held to be valid. [S. 28(iv), 148, 151, Art. 226]

Financial Software & Systems (P) Ltd. v. Dy.CIT (2021) 283 Taxman 165 /(2022) 218 DTR 497/ 329 CTR 44/ 447 ITR 352 (Mad.)(HC)

S. 147: Reassessment-Within four years-Issue of share expenses-Reassessment notice was held to be valid. [S. 148, Art. 226]

Chennai Network Infrastructure Ltd. v. ACIT (2021) 283 Taxman 126 / (2022) 441 ITR 535 (Mad.)(HC)

S. 147 : Reassessment-Cash credit-Purchases-Non genuine payment-Reassessment notice was held to be valid. [S. 68, 148, Art. 226]