Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Sunil Kumar Agrawal (2025) 305 Taxman 630 (Chhattisgarh)(HC)

S. 145 : Method of accounting-No defects in the books of account-Estimate of net profit of 10% solely on basis of assessee’s earlier declaration before Settlement Commission is held to be not justified-Order of Tribunal deleting the addition is affirmed.[S. 144, 260A]

Ramesh Kumar Jain v. CIT (2025) 305 Taxman 640 (Chhattisgarh)(HC)

S. 144B : Faceless Assessment-Priniciple of natural justice-Opportunity of hearing-Assessment order having been passed in violation of principle of natural justice was set aside and matter was to be restored to Assessing Officer for taking suitable steps for rehearing of case by providing reasonable opportunity of hearing to assessee. [Art. 226]

Ashok Kumar Meher v. CBDT (2025) 305 Taxman 380 (Orrissa) (HC)

S. 144B : Faceless Assessment-Reassessment-Standard Operative Procedure-One day time was given to upload the evidences-Violation of principle of natural justice.

Maharashtra State Road Development Corporation Ltd. v. Assessment Unit, ITD (2025) 305 Taxman 492 (SC) Editorial : Maharashtra State Road Development Corporation Ltd. v. Assessment Unit, ITD(2025) 175 taxmann.com 425 (Bom)(HC)

S. 144B : Faceless Assessment-Natural justice-Non-consideration of adjournment request-Alternative remedy-Writ petition was dismissed-SLP dismissed as withdrawn with liberty prayed. [Art. 136]

PCIT v. Raja Arora (2025) 305 Taxman 204 (Delhi)(HC)

S. 143 (3): Assessment-Deputy Commissioner (DCIT) issued notice under section 143(2) on basis of verifiable information pointing to tax evasion-No approval of concerned jurisdictional Pr. CIT / Pr. DIT / CIT / DIT-Order of Tribunal setting aside of the order was affirmed. [S. 143(2)]

Mukesh Garg v. ACIT (2025) 305 Taxman 502 (Delhi)(HC)

S. 139 : Return of income-Refund of excess tax-Statement made by the revenue in court to pass rectification order-Petition was disposed of albeit with a direction that revenue would be bound down to statement made.[S. 139(9), 153C, Art. 226]

PCIT (Central) v. Seven Star Steels Ltd. (2025) 305 Taxman 98 (Cal)(HC)

S. 139 : Return of income-Carry forward loss-Provided return is filed within time indicated in relevant notice under section 153A(1)(a)-Order of Tribunal allowing the carryforward of loss was affirmed [S. 153A, 245B(4), 260A]

Dy. DIT v. State of Gujarat (2025) 305 Taxman 133 (Guj.)(HC)

S. 132A : Powers-Requisition of books of account-Theft of cash-On criminal application by the Revenue,the Court held that department would be free to undertake all actions permitted under law, subject deposit of entire amount of Rs.35.28 lakhs in P.D. Account in accordance with provisions and Rules of Income Tax Act.[S.132A(1)(c)]

Government of India, Income-tax Department v. Mohammed K. (2025) 305 Taxman 487 (SC) Editorial : Mohammed K. v.State of Kerala (2025) 174 taxmann.com 1242 (Ker)(HC)

S. 132A : Powers-Requisition of books of account-Cash seized from vehicle-High Court held that seized property would be released only upon furnishing bank guarantee(s) and personal bond(s) and once amount was secured-SLP of revenue dismissed. [S.69A, Code of Criminal Procedure, 1973, S. 451, 452, Art. 136]

Dia Gold Jewels (P.) Ltd v. PCIT (2025) 305 Taxman 255 (Cal.)(HC) Editorial : Dia Gold Jewels Ltd v. PCIT (2025) 173 taxmann.com 386 (Cal)(HC)

S. 132 : Search and seizure-Business premises at Ranchi-Seizure of jewellery by Deputy Director of Investigation Wing, Ranchi-Outside territorial jurisdiction of High Court at Calcutta-Writ of mandamus could not be issued to an authority which was situated outside jurisdiction of High Court. Direction could not be issued to Income tax officer, who was outside jurisdiction of Court, to return jewellery. [Art. 226]