Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gujarat State Financial Services Ltd. v. ACIT (2022) 288 Taxman 755 (Guj.)(HC)

S. 144B : Faceless Assessment-Natural justice-Opportunity of hearing-Addition was made without issuing notice-cum draft assessment order-Order was quashed-Matter remanded [S. 144B(7), Art. 226]

Dediyasan Industrial Co-op. Credit Society Ltd v. ACIT (2022) 288 Taxman 682 /(2023) 455 ITR 728 (Guj)(HC)

S. 144B : Faceless Assessment-Natural justice-Personal hearing-Video conferencing-Order passed without providing it with an opportunity of hearing by not following prescribed procedure for faceless assessment-Assessment order was quashed-Matter remanded. [S. 80P, 144B(7), Art. 226]

Chittbabu Dinakaran v. NFAC (2022) 288 Taxman 110 (Mad.)(HC)

S. 144B : Faceless Assessment-Reassessment-Ex-parte order-Notice uploaded only in web portal-Demise of father-Order was set aside and remanded. [S. 147, 148, Art. 226]

Biki Overseas P. Ltd. v. UOI (2022) 288 Taxman 578 (Cal.)(HC)

S. 144B : Faceless Assessment-Reassessment-Ex parte order-Natural justice-Permitted to put in their objections against assessment order which was to be treated as draft assessment order and after filing of objections Assessing Officer shall proceed to complete assessment. [S. 147, 148, Art. 226]

Ravi Shankar Singh v. Dy. CIT (2022) 288 Taxman 559/ / 141 taxmann.com 17 /216 DTR 268 /327 CTR 710 (MP)(HC)

S. 143(3) : Assessment-Search and seizure-Opportunity of hearing-Alternative remedy-Writ petition was dismissed. [S. 127, 153A, Art. 226]

S.K. Industries v. ACIT (2022) 141 taxmann.com 568 (Delhi)(HC) Editorial : SLP of Revenue dismissed since no good ground and reason to condone delay was found, ACIT v. S.K. Industries (2022) 288 Taxman 651 (SC)

S. 143(2) : Assessment-Notice-Jurisdiction-Transferred from Assessing Officer, Circle VIII to Assessing Officer, Circle 8(1)-Notice under section 143(2) was issued by ACIT, who had no jurisdiction over assessee-Assessment order was set aside. [S. 124(3)(a), 143(3), 144, Art. 226]

Narendra Polyplast v. Pranab Kumar Das. ITO(2022) 288 Taxman 567 (Bom.)(HC)

S. 142(2A) : Inquiry before assessment-Special audit-Pre-decisional hearing-Principle of natural justice-No opportunity of hearing was given before directing to get its accounts audited-order was quashed. [Art. 226]

PCIT v. Ajmer Vidyut Vitran Nigam Ltd. (2022) 140 taxmann.com 660 (Raj.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. Ajmer Vidyut Vitran Nigam Ltd(2022) 288 Taxman 485 (SC)/)/ SLP dismissed PCIT v. Ajmer Vidyut Vitran Nigam Ltd ( 2023) 290 Taxman 5 (SC)

S. 115JB : Book profit-Minimum alternate tax-Electricity companies-Provisions of section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to an electricity generating company.

CIT v. Karnataka Bank Ltd. (2022) 142 taxmann.com 64 (Karn.)(HC) Editorial : SLP granted to Revenue, CIT v. Karnataka Bank Ltd.(2022) 288 Taxman 725 (SC)

S. 115JB : Book profit-Minimum alternate tax-Banking companies-Provision is not applicable. [Companies Act, 1956, S. 211(1)]

PCIT v. Dwarka Prasad Aggarwal (2022) 140 taxmann.com 32 (Delhi)(HC) Editorial : SLP dismissed as withdrawn due to low tax effect, PCIT v. Dwarka Prasad Aggarwal (2022) 288 Taxman 16 (SC)

S. 68 : Cash credits-Search-Statement of director-Deletion of addition is held to be justified. [S. 132, 153A]