Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Tanna Builders Ltd. v. ITO (2022) 288 Taxman 300 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business income-Unsecured non-convertible redeemable debentures was actually sale consideration received in respect of sale of flats and that had escaped assessment-Issue of debentures had been a subject of consideration of assessment proceedings-Reopening on same basis was not permissible. [S. 28(1), 148, Art. 226]

Sunjewels India (P) Ltd. v. ITO (2022) 288 Taxman 562 (Bom.)(HC) Sunjewels India (P) Ltd. v. ITO (2022) 288 Taxman 591 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Depreciation-Straight line method-Written down value method-No failure on part of assessee to disclose facts, reopening of assessment was not justified. [S. 10A, 32, 148, Art. 226]

Rajeshwar Land Developers (P.) Ltd. v. ITO (2022) 288 Taxman 186/(2023) 450 ITR 108 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Reply to queries in respect of said expenses were furnished-Reassessment notice and order disposing objection was quashed. [S. 37(1), 148, Art. 226]

Pidilite Industries Ltd. v. UOI (2022) 288 Taxman 227 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Deduction allowed unit wise-Reasons for reassessment notice was the assessee should have been allowed deduction of 30 per cent and not 100 per cent-Reassessment notice and order disposal of objection was quashed. [S. 80IC, 148, Art. 226]

Krishnakumar J. Desai v. ITO (2022) 288 Taxman 309 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Long term capital gains-Bogus claim-Dead person-Reopening of assessment for same reason-Matter was remanded back to Assessing Officer to verify reasons for reopening and only if different reason was given on earlier occasion, Assessing Officer could proceed to finalize impugned reopening proceedings. [S. 10(38), 45, 148, Art. 226]

Jiyand Ram Ahuja v. PCIT (2022) 288 Taxman 746 / 329 CTR 126 / 216 DTR 228/(2023) 457 ITR 140(MP)(HC)

S. 147 : Reassessment-After the expiry of four years-Court cannot go into the sufficiency of reasons assigned-Writ petition was dismissed. [S. 148, Art. 226]

PCIT v. Ambika Sarees (P) Ltd. (2022) 288 Taxman 174 (Cal.) (HC)

S. 145 : Method of accounting-Unexplained investments Undervaluation of stock-Statement of director in the course of survey-Solely relying on statement of director addition cannot be made. [S. 69, 133A]

Shanavas M. v. NFAC (2022) 288 Taxman 550 / 218 DTR 145/329 CTR 549 (Ker.)(HC)

S. 144B : Faceless Assessment-Natural justice-Filed objection with supporting evidence-No infringement of principles of natural justice-Alternative remedy-Writ petition was dismissed. [S. 147, Art. 226]

Premlata Ramakant Fatehpuria v. PCIT (2022) 288 Taxman 54/ (2023) 455 ITR 368 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Personal hearing was not granted-Order was quashed and set aside [Art. 226]

Pichila Jayachandra Reddy v. NFAC (2022) 288 Taxman 95 (Karn.)(HC)

S. 144B : Faceless Assessment-Natural justice-One day time to give response-Order was set aside and remanded. [S. 142(1), Art. 226]