Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Adani Power Maharashtra Ltd. (2024) 297 Taxman 394 / 460 ITR 729 (SC) Editorial : Adani Power Maharashtra Ltd v. ACIT (2023) 294 Taxman 414 (Guj)(HC)

S. 147 : Reassessment-With in four years-corporate social responsibility expenses-Reopening was without application of mind-Reassessment notice and order disposing the objection is quashed-SLP of Revenue is dismissed, [S. 148, Companies Act, 2013, S. 135 Art.136]

ACIT (OSD) v. Durr India (P.) Ltd. (2024) 297 Taxman 58 (SC) Editorial : Durr India (P.) Ltd v. ACIT (2023) 152 taxmann.com 303/ 455 ITR 460 (Mad)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Reassessment is barred by limitation-SLP of Revenue is dismissed. [S. 145, 148 Art. 136]

ACIT v. Noshir Darabshaw Talati (2024) 159 taxmann.com 390/ 297 Taxman 390 (SC) Editorial : Noshir Darabshaw Talati v. ACIT (2023)459 ITR 742 /150 taxmann.com 16 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Losses-Capital gains-Losses carried forward-No failure to disclose material facts-Notice must specify facts which had not been disclosed-Notice not valid-SLP is granted to the Revenue. [S.72, 143(3), 148, Art. 136]

Pepsico India Holdings (P.) Ltd v. NFAC (2024) 297 Taxman 76/465 ITR 622 (Delhi)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Once objections have been filed by assessee against a draft assessment order within time limit prescribed under section 144C(2)(b), final assessment order should have been passed by Assessing Officer post receipt of direction from DRP-Matter remanded. [Art. 226]

PAR Formulations (P.) Ltd v. NFAC(2024) 297 Taxman 401/ 466 ITR 723 (Mad)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Objections against draft assessment order were filed-Copy of objections could not be placed before Assessing Officer-Assessment order was quashed and Assessing Officer is to be directed to await decision of DRP before issuing a fresh assessment order. [Art. 226]

Google India (P.) Ltd v. NFAC (2024) 297 Taxman 26 (Mad)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Filed objections to proposed variation only with DRP and a copy of same was not marked to AO-Objections filed with DRP would result in directions to AO-AO must complete assessment in light of directions as envisaged under section 144C(13).[S.144C(13),Art. 226]

CIT v. Cisco Systems services B.V (2024) 297 Taxman 399 (SC) Editorial : CIT (IT) v. Cisco Systems services B.V. (2023) 456 ITR 50/ 293 Taxman 85/334 CTR 52 (Karn)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Passing of final order-Contrary to law-Mistake could not be cured-Notice is issued in SLP filed by the Revenue [S. 156, 292B, Art. 136]

Renaissance Global Ltd. v. NFAC (2024) 297 Taxman 80 (Bom.)(HC)

S. 144B : Faceless Assessment-Principle of natural justice-Opportunity of hearing-Objections are not uploaded due to technical reasons-Order is set aside-Assessing Officer is directed to pass the order after direction from DRP.[S.144C(2), Art. 226]

CIT v. Brandix Mauritius Holdings Ltd. (2024) 297 Taxman 228 (SC) Editorial : CIT (IT) v. Brandix Mauritius Holdings Ltd. (2023) 456 ITR 34/ 293 Taxman 385 / 332 CTR 221/ 224 DTR 361 (Delhi)(HC)

S. 143(3) : Assessment-Assessment order without DIN (Document identification number) has not valid in law-Statutory defects in the assessment order cannot be cured by applying the provision of section 292B of the Act-Circular No 19 of 2019 dated 14-8-209 (2019) 416 ITR 140 (St) of CBDT is binding on the Revenue-Order of Tribunal quashing the assessment order was affirmed-On SLP, interim stay of order dated 20-3-2-2023 as well as order of the ITAT dated 19-9-2022, until further orders. [S. 144C, 147, 292B, Art. 136]

PCIT v. B.L. Kashyap and Sons Ltd. (2024) 297 Taxman 13 (Delhi)(HC)

S. 142(2A) : Inquiry before assessment-Special audit-Extension of time-Cannot be exercised by the Commissioner-Order of Tribunal is affirmed.[S.142(2A)(C), 260A]