Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Polisetty Somasundaram v. Dy. CIT (2023) 153 taxmann.com 591 / 226 TTJ 01 (Visakha)(Trib.)

S. 153A : Assessment-Search-Limitation-Panchnama-No seizure of books of account or document-Panchnama was drawn only for removal of restraint order under section. 132(3)-Assessment order is barred by limitation. [S. 132, 132(3) 153B]

Shyam Sunder Bhartia v. Dy.CIT (2023) 225 TTJ 837 (Lucknow) (Trib)

S. 148 : Reassessment-Notice-Transfer of case-Mandate of section 127 is not followed-Notice issued is without jurisdiction hence quashed.[ S. 92CA(2), 127, 144C(15), 144C(13), 147, 153(2)]

Rajlaxmi Petrochem (P) Ltd v. ITO (2023) 224 TTJ 1004 (Pune)(Trib)

S. 147 : Reassessment-No sanction was recorded on the date of issuance of notice-Reassessment is not valid-Notice under section 143(2) is not issued-Reassessment is quashed.[ S. 143(2), 148, 149,151]

Dy. CIT v. Ramesh Kumar Jain (2023) 226 TTJ 58 (Mum)(Trib)

S. 147 : Reassessment-Search and seizure-Information from DDI (Inv)-CIT(A) has quashed the reassessment on the ground that the assessment should have been farmed under section. 153A/ 153C of the Act-Reassessment was not done on the basis of search-Order of CIT(A) is set aside with the direction to decide a afresh in accordance with law.[ S. 132, 148,153A, 153C]

World Sport Group (Mauritius) Ltd. v. Dy. CIT(2023) 226 TTJ 282 (Mum)(Trib)

S. 147 : Reassessment-No tangible material-Addition is made substantive basis in another entity-Reassessment is quashed.[ S. 148, 153A]

Vodafone Idea Ltd. v Asst. CIT (2023) 149 taxmann.com169 / 226 TTJ 224 (Mum) (Trib.)

S. 147 : Reassessment-Business income-Value of any benefit or perquisite, arising from exercise of business or profession-Merger-Demerger-Transfer of Passive Infrastructure Assets (PIA) to ICTIL and subsequent amalgamation into Indus Towers, and demerger of telecom undertaking of ABTL-Scheme approved by High Court-No colourable device-Provision of section 28 (iv) cannot be applied-Non-compete fee-Change of opinion-amount debited in P&L Account as Employees Stock Scheme had been disallowed as being a contingent liability-Change of opinion-Reassessment is not valid.[ S.28(iv), 37(1), 1115JB,148]

Bhimsen Darbarilal Arora Through L/H Rajat Bhimsen Arora v.ACIT (2023) 224 TTJ 487 /150 taxmann.com 68 (Surat)(Trib)

S. 145 : Method of accounting-Unaccounted stock-Cash found during survey-Books of account was not complete-Justified in rejecting the books of account-Bogus purchases-Restricted the disallowance to 6% of bogus purchases as against 12.5% estimated by the CIT(A). [S. 133A, 145 (3)]

Siemens Ltd. v. Dy. CIT(2023) 225 TTJ 703 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Limitation-Order is barred by limitation.[ S.92CA (3A), 143(3) 153 (1), 153(4)]

Johnson & Johanson (P) Ltd v. Dy.CIT(2023) 225 TTJ 241 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Limitation-Order is barred by limitation.[ S.92CA (3A), 143(3) 153]

Star India (P) Ltd v. ACIT(2023) 224 TTJ 985 (Mum)(Trib)

S. 143(3): Assessment-Return-Refund-Amalgamation-Non-existent entity-Credit for taxes paid-Assessing Officer is bound to give credit of taxes paid under section 199 and allow refund of tax in accordance with law. [ S.139, 139(9) 199, 237]