Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Meer Gems (2023) 459 ITR 1 / 294 Taxman 606 (SC) Editorial : Refer, Meer Gems v. ACIT (2022) 446 ITR 754/ 287 Taxman 689 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Amount payable to sundry creditors-Cessation of liability-No new information-SLP of Revenue is dismissed. [S. 41(1), 148, Art. 226]

PCIT.v. MBC Infra Space (P.) Ltd (2023) 294 Taxman 358) (Guj)(HC)

S. 145 : Method of accounting-Deduction of tax at source-Tax deducted is income received-Running bills-AO was not justified in making addition on account of difference in payment received as per Form 26AS and books of accounts without verifying total contract amount and relevant bills. [S. 198, Form No. 26AS]

Maheshkumar Bhagvandas Patel v. ITO (2023) 294 Taxman 376 (Guj)(HC)

S. 144B : Faceless Assessment-Natural justice-Specific request to afford an opportunity of personal hearing through video conference-Order is set aside. [S.144B(6)(viii), Art. 226]

R. Rajasekaran v. Addl.CIT (2023) 294 Taxman 60 (Mad.)(HC)

S. 144B : Faceless Assessment-Unexplained investments-Reassessment-Personal hearing was not provided-Assessing Officer was to be directed to grant personal hearing and pass assessment order on merits by taking appropriate facts. [S. 69, 147, 148, Art. 226]

Angusamy Gounder Subbu Rathinamun v. ACIT (2023) 294 Taxman 34 (Mad.)(HC)

S. 143(3) : Assessment-Limited scrutiny-Notice was issued for proposed addition-Notice issued under section 143(2) is held to be valid. [S. 68, 1432), Art. 226]

PCIT v. Santosh Kumar Agarwal (2023) 153 taxmann.com 638 (All)(HC) Editorial : SLP of Revenue is dismissed, tax effect was only Rs. 1.75 lakhs, PCIT v. Santosh Kumar Agarwal (2023) 294 Taxman 515 (SC)

S. 143(3) : Assessment-Addition-Order of Tribunal is affirmed. [S. 260A]

Prema Rengarajan v. Dy. CIT (2023) 294 Taxman 104 (Mad.)(HC)

S. 143(3) : Assessment-Order passed on same day of fixing date of hearing-Matter remanded to the Assessing Officer. [Art. 226]

Anguswamy Gounder Subbu Rathinamun v. ACIT (2023) 294 Taxman 34 (Mad)(HC)

S. 143(2) : Assessment-Notice-Cash credits-Notice did not suffer from any legal infirmity as it satisfied all ingredients under that provision-Writ petition is dismissed. [S. 68, Art. 226)

NBCC (INDIA) Ltd. v. AddI. CIT (2023) 458 ITR 753 /294 Taxman 339 (SC) Editorial: NBCC (INDIA) Ltd. v. AddI. CIT (2020) 422 ITR 429/ 272 Taxman 65 (Delhi) (HC)

S. 142(2A) : Inquiry before assessment-Special audit-Opportunity of hearing was given-Writ to quash the special audit is dismissed-SLP of the assessee is dismissed. [S. 142(1)]

Kamal Varandmal Galani v. PCIT (2023) 294 Taxman 265 / 460 ITR 380/ 339 CTR 489(Bom)(HC)

S. 127 : Power to transfer cases-Search operations-No incriminating material-No connection between the two entities-Transfer is invalid. [S. 132, Art.226]