Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


New India Assurance Company Ltd. v. Ravinder Kumar @ Vickey. (2022) 289 Taxman 497/223 DTR 16 / (2023) 331 CTR 272 (P& H)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation-Motor Accidents Claims Tribunal award-TDS cannot be deducted by insurance companies on interest on compensation with effect from 1-6-2015 even if interest is beyond Rs. 50,000 in a particular year. [S. 2(24), 2(28A), 56(2), Form 15G, Rule, 29C, Motor Vehicle, Act. 1988]

PCIT v. Sunway Realtech (P.) Ltd. (2022) 289 Taxman 543 /(2023) 457 ITR 123(Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search-Unexplained investment-Share transaction-No incriminating material was found in the course of search-Addition cannot be made. [S. 69]

PCIT v. Suman Agarwal (Ms) (2022) 289 Taxman 674 /(2023)451 ITR 364 (Delhi)(HC)

S. 153A : Assessment-Search or requisition-Long term capital gains on sale of shares-No incriminating material was found-Merely on the basis of statement of and letter of Managing Director of company-Addition cannot be made. [S. 10(38), 68]

PCIT v. Shiv Kumar Agarwal (2022) 289 Taxman 278 (Delhi)(HC)

S. 153A : Assessment-Search or requisition-Cash credit-Capital gain-Sale of shares-Incriminating material-When no incriminating material found during course of search and AO had made additions solely relying on disclosures made by Managing Director of a company on which search was conducted, impugned addition was unjustified. [S. 10(38), 45, 68]

South Asian Stocks Ltd. v. ACIT (2022) 289 Taxman 33 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Shares-SEBI registered broker-Information was not reported by the Assessing Officer of Vishesht Financial Services Pvt. Ltd. (VFSPL) to assessee’s Assessing Officer-Notice was set aside and matter was to be remanded to Assessing Officer to pass a fresh order-Matter remanded. [S. 69, 147, 148, 148A(d), Art. 226]

Touchstone Holdings (P.) Ltd. v. ITO (2022) 289 Taxman 462 / 218 DTR 241 / 329 CTR 231 / (2023)451 ITR 196 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Survey-Bogus share capital-Share premium-Reopening notice issued on 20-7-2022-income alleged to have escaped more than Rs. 50 lakhs-Reopening notice was not time barred. [S. 68, 133A, 148, 149(1)(b), Art. 226]

Swal Ltd. v. UOI (2022) 289 Taxman 246 / 217 DTR 287 / 328 CTR 370 /(2023) 450 ITR 148 (Cal.)(HC)/Editorial : Decision of single judge reversed , Swal Ltd. v UOI (2022) 217 DTR 286 (Cal) (HC) / 328 CTR 369 ( Cal )(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Opportunity of hearing-Invested in penny scrips of two companies-A notice even if stated to be under section 148A(b) would be treated as a notice of enquiry under section 148A(a) if it contained questionnaire instead of information-Matter remanded. [S. 69, 148A(b), Art, 226]

Bird Worldwide Flight Services (I.) (P.) Ltd. v. DCIT (2022) 289 Taxman 652 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Violation of principle of natural justice-Order passed without granting adequate time to fie reply-Order was set aside-Matter was to be remanded back to Assessing Officer for decision fresh. [S. 148, 148A(d), Art. 226]

Barbrik Projects Ltd. v. UOI (2022) 289 Taxman 534 /(2023) 330 CTR 23/ /20 ITR -OL 593 (Chhattisgarh)(HC)Editorial : Affirmed by division Bench , Barbrik Projects Ltd.v. UOI (2023) 330 CTR 6 /453 ITR 355 /(Chhattisgarh)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Fake invoices-Input credit-Unexplained expenditure-Reassessment notice is held to be valid. [S. 69C, 143(3), 148, Art. 226]

Neo Structo Construction (P.) Ltd. v. ACIT (2022) 289 Taxman 698 / (2023)451 ITR 510(Guj.)(HC)

S. 148 : Reassessment-Notice-Merger-Information about merger of company was intimated in original return of income filed-Notice issued in name of non-existing company-Reassessment notice was quashed. [S. 147, Art. 226]