Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


BASF Catalysts India (P) Ltd. v. Dy. CIT (2021) 283 Taxman 591 (Mad.) (HC)

S. 147 : Reassessment-With in four years-Failure to deduct tax at source-Reassessment notice was held to be justified [S. 40(a)(i), Art. 226]

Sutherland Global Services (P) Ltd. v. Dy. CIT (2021) 208 DTR 265 (Mad.)(HC)

S. 147 : Reassessment-With in four years-Audit objection-Survey-Reassessment notice was held to be valid. [S. 133A, 148, Art. 226]

CIT v. Bharatiya Reserve Bank Note Mudran (P) Ltd. (2021) 207 DTR 283/(2022) 324 CTR 311 (Karn.)(HC)

S. 147 : Reassessment-With in four years-Change of opinion-Interest income-oversight, inadvertence or mistake committed by the ITO-No fresh material-Reassessment is held to be not valid. [S. 57, 148]

Saravana Stocks Investments (P) Ltd. v. Dy. CIT (2021) 323 CTR 666 / 207 DTR 185 ( 2022) / 449 ITR 594(Mad.)(HC)Editorial: Decision of single judge , set aside , Saravana Stocks Investments Pvt. Ltd. v. ACIT (2022)449 ITR 589 (Mad)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts- Capital gains -Business income -Change of opinion-The Assessing Officer has to deal with objections if not satisfied should specifically state as to how the objections are unjustified-Reassessment notice was quashed. [S. 45, 148, Art. 226]

Super Spinning Mills Ltd. v. Dy. CIT (2021) 283 Taxman 55 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Income from forex Transaction, Insurance claim, miscellaneous income-Not eligible deduction-Reassessment notice was held to be valid. [S. 80HHC, 148, Art. 226]

N.S. Srinivasan v. CIT (2021) 283 Taxman 118 /( 2022) 440 ITR 367/ 211 DTR 327/ 325 CTR 521 (Mad.) (HC)

S. 147 : Reassessment-After the expiry of four years-Unexplained investment-Purchase of house-Payment was made prior to sale existing house-Not examined the source of investment in new house-Reassessment notice was held to be justified. [S. 54, 59, 148, Art. 226]

Dr. Sajan Hedge v. ACIT (2021) 283 Taxman 144/ (2022) 440 ITR 389 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Method of accounting-Professional income-Notice issued on the basis of statement of a manger (Operations)-Re assessment notice is held to be justified. [S. 145, 148, Art. 226]

Premalata Soni v. NESC (2021) 283 Taxman 416/207 DTR 149/323 CTR 489 (MP)(HC)

S. 147 : Reassessment-After the expiry of four years–Capital gains-Sale of rural agricultural land-No query was raised in the original assessment proceedings as regards applicability of section. 50C of the Act-Reassessment notice was held to be valid. [S. 45, 50C, 148, Art. 226]

Consolidated Construction Consortium Ltd. v. CIT (2021) 283 Taxman 60 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Retention money-Contractor-Contingent-Allowed as deduction-No full and true disclosure-Reassessment notice was held to be valid. [S. 28(i), 148, Art. 226]

Cairn India Ltd v. Dy. DIT (IT) (2021) 283 Taxman 243 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Deduction of tax at source-Non-Resident-Lessor deduction of tax at source-New information-Reassessment notice was held to be justified. [S. 148, 195, Art. 226]