Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Prominent Real Tech Pvt. Ltd. (2023) 451 ITR 371 (Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search-Incriminating material-Failure to establish how seized documents had nexus with undisclosed Income of assessee-Proceedings initiated was quashed. [S. 132]

MAMulti-Infra Development Pvt. Ltd. v. ACIT (2023) 451 ITR 181 /149 taxmann.com 491 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Approval obtained from additional Commissioner and not from specified authority-Notice was quashed. [S. 147, 148, 151(ii), Art. 226]

Visakha Gas Agency v. ITO (2023) 451 ITR 160 / 290 Taxman 570 / 331 CTR 696/ 223 DTR 479(AP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reasons for notice of reassessment and opportunity to be heard were given-Reassessment proceedings valid. [S. 147, 148, 194C, Art, 226]

U. S. Associates v. PCIT (2023) 451 ITR 424 / 330 CTR 317 (Chhattisgarh)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transactions not disclosed in initial notices-Department cannot travel beyond notice-Notice and order set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Sukhdev International Pvt. Ltd. v. UOI (2023) 451 ITR 534 (Raj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-New procedure with effect from 1-4-2021 Notices for prior periods issued without complying with new provision-Notices were quashed. [S. 147, 148,149(1)(b), Taxation and Other Laws (Relaxation and amendment of Certain Provisions) Act, 2020, Art. 226]

Prakash Krishnavtar Bhardwaj v. ITO (2023) 451 ITR 27 / 331 CTR 64/150 taxmann.com 60 / 293 Taxman 132 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-After three years from the end of relevant assessment year-Service of notice without the signature of Assessing Officer digitally or manually-Notice invalid-Order and notice was quashed and set aside. [S. 147, 148, 148A(b) 148A(d), Art. 14, 226]

Popular Medicos v. ACIT (2023) 451 ITR 90 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Reply filed by the assessee was not considered-Order was set aside. [S. 147, 148A(b), 148A(d), Art. 226]

Parthasarathy Chitra v. ITO (2023)451 ITR 442 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider a reply to show cause notice and personal hearing-Order was set aside-Directed to pass an order after giving an opportunity of personal hearing. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Kusum Gupta v. ITO (2023) 451 ITR 142 / 290 Taxman 172 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information from Investigation Wing-Capital gains-Alleged bogus scripts-Penny stock-Failure to furnish information received from Investigation Wing-Notice was quashed-Directed the AO to furnish the information and pass the order after considering the explanation of the assessee. [S. 45, 69A, 147, 148, 148A(b), 148A(d), Art. 226]

Kamlesh Keswani v. ACIT (2023) 451 ITR 153 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Change of opinion-Long-term capital gains-Reassessment notice was quashed. [S. 54, 147, 148, 148A(d), Art. 226]