Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Girdhar Gopal Dalmia v. UOI (2023) 450 ITR 143/ 333 CTR 379/ 224 DTR 439 (Cal.)(HC) Editorial : Decision of single judge in Girdhar Gopal Dalmia v. UOI (2022) 449 ITR 629 (Cal)(HC), reversed.

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Failure to grant minimum seven days of time to file reply to notice-Notice for reopening of assessment set aside-Matter remanded to assessing officer. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Asam Sreenivasa Reddy v. ITO (2023) 450 ITR 244 / 332 CTR 112/ 224 CTR 171//(2022) 145 taxmann.com 659 (AP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Assessee is not expected to prove negative fact-Assessing Officer should verify information collected from other sources-Information not verified-Order is not valid-Directed to pass fresh order after giving a reasonable opportunity of hearing. [S. 147, 148A(b), 148A(d), Art. 226]

Alaknarayan Poosapati Gajapati Raju v. UOI (2023) 450 ITR 297/ 291 Taxman 246 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Sale of property-Alleged cash receipts-Capital gains-Tax evasion petition on insight Portal-Directed to provide all documents considered by him as information-Order and subsequent notice set aside-Directed to pass the order after considering the reply of the assessee. [S. 147, 148, 148A(d), Art. 226]

Abha Goel v. ITO (2023) 450 ITR 704 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Assessing Officer was directed to supply with material relied-Order and notice set aside-Liberty granted to Department to pass fresh order if necessary. [S. 147, 148, 148A(d), Art. 226]

Shivaaditiya Jems and Jewellery Pvt. Ltd. v. ITO (2023) 450 ITR 483/ 331 CTR 245 (All.)(HC)

S. 148 : Reassessment-Notice-Assessing officer vested with jurisdiction over assessee can issue notice-Pecuniary limits had been laid down for distribution of work among assessing officers would not divest assessing officer of his jurisdiction-Notice valid. [S. 120, 124, 147, Art. 226]

TUFF Tubes (Orissa) Pvt. Ltd. v. DCIT (2023) 450 ITR 654 (Orissa)(HC)

S. 147 : Reassessment-No new tangible material-Order passed without disposing the objection-Change of opinion-Reassessment order mere reproduction of reasons recorded-Reassessment order was quashed. [S. 69A, 148, 156, Art. 226]

Tamil Nadu State Apex Fisheries Co-Operative Federation Ltd. v. ITO (No. 2) (2023) 450 ITR 365/331 CTR 204 / 223 DTR 38/ 147 taxmann.com 303 (Mad.)(HC) Editorial: Decision of single Judge in Tamil Nadu State Apex Fisheries Co-Operative Federation Ltd v. ITO (No. 1) (2023) 450 ITR 362 / 331 CTR 207(Mad)(HC), affirmed.

S. 147 : Reassessment-Change of status-Denial of exemption-Failure to respond notices-Order of assessment justified-Writ petition dismissed-Given liberty to file statutory appeals. [S. 80P(2)(a)(vii), 139, 148, Art. 226]

Sri Laxmi Narayan Agency v. ITO (2023) 450 ITR 650 / 292 Taxman 192 (Orissa)(HC)

S. 147 : Reassessment-Reasons recorded mere repetition of report of deputy director (Inv)-Failure to supply documents which were basis for formation of belief-Reassessment order and consequential notice of demand set aside. [S. 133A, 143(3), 148, 156, Art. 226]

Mobis India Ltd. v. Dy. CIT (2023) 450 ITR 60 / 332 CTR 775/ 224 DTR 37 (Mad.)(HC) Editorial: Decision in Mobis India Ltd. v. Dy. CIT (2016) 380 ITR 170 (Mad)(HC), set aside.

S. 147 : Reassessment-With in four years and beyond four years-Audit objection-Depreciation-Assessing Officer rejecting audit objection-Existence of alternate remedy is not an absolute bar for issue of writ-Notice based on audit objection is held to be not valid. [S. 32, 148, Art. 226]

Deepak Kapoor v. PCIT (2023) 450 ITR 301 / 221 DTR 330 / 331 CTR 220(Delhi)(HC)

S. 147 : Reassessment-With in four years-Change of opinion-capital gains-Expenditure incurred in terms of settlement to assessee’s sisters from sale consideration of property and indexation benefits and other legal expenses-No failure to disclose material facts-Order disposing objection and notice for reopening was quashed and set aside. [S. 45, 48, 148, Art. 226]