Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Mehndipur Balaji (2022) 447 ITR 517 /(2023) 332 CTR 418/ 225 DTR 138 (All.)(HC)

S. 153A : Assessment-Search or requisition-No mandatory requirement that assessment or reassessment should be based only on basis of incriminating material found during search-Other incriminating material can be relied on-Order of Tribunal set aside and directed to decide on merits. [S. 69, 132]

PCIT v. Bhadani Financiers Pvt. Ltd. (2022)447 ITR 305/ 218 DTR 294/ 329 CTR 651 (Delhi)(HC)

S. 153A: Assessment-Search or requisition-Assessments Completed and final as on date of search-No incriminating material found during search-Order of Tribunal affirmed-No substantial question of law. [S. 68, 69, 132,143(1), 143(3), 260A]

PCIT v. Alchemist Capital Ltd. (2022) 447 ITR 668 (Delhi)(HC)

S. 153A : Assessment-Search or requisition-Notice-Search and seizure-No incriminating material found during search-Time for issue of notice under section 143(2) expiring on date of search-Additions cannot be made. [S. 132, 143(2)]

Shri Sai Co-Operative Thrift and Credit Society Ltd. v. ITO (2022) 447 ITR 350/ 214 DTR 22/ 326 CTR 790 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Grant of minimum of seven days’ time is mandatory-Failure to grant causing prejudice-Order and subsequent notice for reopening of assessment was quashed. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Nabco Products Pvt. Ltd. v. UOI (2022) 447 ITR 439/ 217 DTR 997 / 328 CTR 267 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Rejection of rectification application-Violation of principle of natural justice-Notice and assessment order was quashed-Cost was imposed on the Revenue-The respondents were directed to pay cost of Rs. 50,000 to the assessee. [S. 147, 148, 148A(b), 148A(d), 154, Art. 226]

First Solar Power India Pvt. Ltd. v. ACIT (2022) 447 ITR 337 / 327 CTR 102 / 288 Taxman 267/ 214 DTR 321 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the reply of assessee-Verification-Order and subsequent notice for reopening of assessment was quashed-Matter was remanded to pass a fresh reasoned order. [S. 147, 148A(b), 148A(c), 148A(d), Form, 26AS, Art. 226]

BEST Buildwell Pvt. Ltd. v ITO (2022) 447 ITR 26 / 216 DTR 454 / 288 Taxman 670 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No material or report produced which was basis for information to reopen assessment-Order and notice quashed and set aside-Department given liberty to furnish additional materials in support of allegations made in show-cause notice and proceed in accordance with law. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Aten Capital Pvt. Ltd. v. ACIT (2022) 447 ITR 346 / 326 CTR 878/ 288 Taxman 570 / 214 DTR 149(Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Conducting an enquiry is mandatory-Failure to consider reply to show cause notice-Order and subsequent notice was quashed-Matter remanded. [S. 147, 148, 148A(b), 148A(c),148A(d), Art.226]

Abdul Majeed v. ITO (2022) 447 ITR 698 / 327 CTR 733 / 216 DTR 305/ 289 Taxman 304 (Raj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposited-Notice after three years-Material available on record-Less than 50 Lakhs-Notice not valid. [S. 148, 148(a)(d), 149, Art. 226]

Nusli N. Wadia v. ACIT (2022) 447 ITR 376 / 289 Taxman 80 (SC) Editorial : Nusli N. Wadia v. ACIT (2022) 447 ITR 363 (Bom.)(HC), affirmed with direction

S. 148 : Reassessment-Notice-Liberty to assessee to file return under protest within one month without prejudice to his rights and contentions and seek reasons recorded-Order of High Court is affirmed with direction. [S. 147, Art. 226]