Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pfizer Ltd v. UOI (2024) 296 Taxman 2(Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Capital Gains-Full value of consideration-Stamp Duty Valuation-Reassessment notice and order disposing the objection is quashed.[S.45, 50C, 148, Art. 226]

Bennett Coleman & Co. Ltd. v. DCIT (2022) 145 taxmann.com 228 (2024) 460 ITR 345 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Change of opinion-Direction of Audit party-Amalgamation-AO issued notice on the ground of directions issued by the audit party-Being not on AO’s personal satisfaction, reopening of assessment without any basis, merely on change of opinion and not permissible in law-Reassessment notice and order disposing the objection is quashed.[S. 72A(4), 148, Art. 226

Noshir Darabshaw Talati v. Dy. CIT (2024) 296 Taxman 133 / 462 ITR 37 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed.[S. (2(22)(e), 147, 148, Art. 226]

Kumarbhai Manharlal Desai v. ACIT (2024) 296 Taxman 12(Guj)(HC)

S. 144B: Face less assessment-Reassessment-Principle of natural justice-Technical glitch-Order is set aside.[S. 147, 148, Art.226]

Shashi Bala Sharma v. ITO (2024) 296 Taxman 446 (Delhi)(HC)

S. 144B : Faceless Assessment-Video Conferencing not granted by the Assessing Officer-Grave abrogation of jus naturale-impugned assessment order is set aside.[S. 144B(6) (viii), 147, 148, Art. 226]

Gemini Film Circuit v. NFAC, Delhi. (2023) 157 taxmann.com 445 (2024) 461 ITR 13 (Mad)(HC)

S. 144B : Faceless Assessment-Principles of natural justice-At least 21 days time should be given to file reply-Legislative Intent is to provide an opportunity of being heard to the assessee before passing any orders, which are prejudicial to their rights/interests-It is bounden duty of the Assessing Officer to pass a detailed order, providing reasons for rejection of the contention of the assessee-Matter restored to the file of the AO as the assessee was granted time of 5 days only without referring to opportunity of personal hearing.[Art. 226]

Devendran Coal International (P.) Ltd. v. NFAC (2024) 296 Taxman 417 (Mad)(HC)

S.144B: Faceless assessment-Assessment order passed without issuing draft assessment order, matter remitted to pass a fresh order per law.[S. 148, Art. 226]

PCIT v. DSG Papers P. Ltd. (2024)461 ITR 4 (P&H)(HC) Editorial: Relied on Andaman Timber Industries v CCE [2015 81 CTR (SC) 241/ 38 GSTR 117 (SC), CIT v Rajesh Kumar [2008 306 ITR 27 (Delhi) (HC)

S. 143(3): Assessment-Principles of natural justice-Cross examination not granted by the Assessing Officer-Order of the Tribunal setting aside the assessment was upheld by the High Court. [S. 260A]

Convergys India Services v. NFAC (2024) 461 ITR 88 (Delhi)(HC)

S. 143(3): Assessment-Assessment order passed in spite of valid objections pending before DRP is bad in law.[S.144C, Art. 226]

PCIT v. Weilburger Coatings (India) (P.) Ltd (2023) 155 taxmann.com 580 /(2024) 296 Taxman 205 / 463 ITR 89(Cal)(HC)

S. 143(3) : Assessment-Limited scrutiny-Issue decided by AO with respect to carry forward of losses was not part of limited scrutiny for which assessment was directed to be scrutinised, since AO did not abide by Instruction No. 5/2016, dated 14-07-2016 and exceeded his jurisdiction, disallowance made with respect to carry forward of losses was to be deleted.[S. 72, 260A]