Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Shivshahi Punarvasan Prakalp Ltd. (2022) 220 DTR 305 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest expenditure-One Time Settlement (‘OTS’)-Write off of interest receivable-Order was passed after making enquiry-Prior to the insertion of Explanation 2-Order of Tribunal quashing the revision order was affirmed. [S. 36(1)(iii), 36(1)(vii), 143((3), 260A]

Gopal Extrusions Pvt. Ltd. (Through its Director Sanjay Ramgopal Taparia) v. ITR (2022) 326 CTR 713 / 214 DTR 105 (Bom(HC)

S. 260A : Appeal-High Court-Ex-parte order on merits-Change of address-Gross negligent on the part of the appellant-One more opportunity is granted to the Appellant-Directed to pay cost of Rs. 25,000. [S. 254(1)]

Mithalal B.Jain v. ITO(2022) 214 DTR 25 (Bom.)(HC)

S. 254(2) : Appellate Tribunal-Appellate Tribunal-Rectification of mistake apparent from the record-Accommodation entries-Bogus purchases-Evidences/statements collected from the accommodation entry provider has not been provided, ITAT has not even dealt with that objection-Order of Jurisdictional High Court-Order of Tribunal set aside. [Art. 226]

Rajendra R. Singh v. ACIT (2022) 328 CTR 691/ 216 DTR 386/ 289 Taxman 682/143 taxmann.com 34 /(2023)459 ITR 162 (Bom.)(HC)

S. 179 : Private company-Liability of directors-Managing Director of Ltd Company-Violation of principle of natural justice-lifting the corporate veil-Satisfaction was not recorded-Order was quashed. [S. 220(2), Art. 226]

Naresh Balchandrarao Shinde v. ITO (2022) 220 DTR 401 / (2023) 320 CTR 449/ (2023)451 ITR 149/ 330 CTR 449 Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Period granted was less than seven days-Responded the notice-Amount in dispute less than 50 lakhs-Notice issued beyond three years-Notice and order was quashed and set aside. [S. 148, 148A(d), 149(1)(b), Art. 226]

Mahindra CIE Automotive Ltd. v. ACIT(2022) 216 DTR 457 (Bom.)(HC)

S. 147 : Reassessment-Order disposing the objection must be reasoned order-If the assessing Officer is going to rely on any order or Judgment of any court or Tribunal a list thereof shall also be provided to Petitioner along with a notice for personal hearing so that Petitioner can deal with/distinguish those Judgments during personal hearing-Order disposing the objection was quashed-Directed to pass speaking order giving an opportunity of personal hearing [S. 148, Art. 226]

Knight Riders Sports Pvt. Ltd. v. Dy. CIT (2022) 329 CTR 779 / 220 DTR 190 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Franchise fee-Capital or revenue-No failure to disclose material facts-Specific query in the course of original assessment proceedings-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]

Sun-N-Sand Hotels Pvt. Ltd. v. NFAC (2022) 215 DTR 220 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-No new information-Reassessment notice and order disposing objection was quashed. [S. 80IA, 148, Art. 226]

Nirupa Udhav Pawar (Smt.) v. ACIT (2022) 328 CTR 771 / 214 DTR 427 (Bom.)(HC)

S. 147 : Reassessment-After expiry of four years-Capital gains-No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed. [S. 2(47)(v), 45, 148, Art. 226]

Manan Trading Co. Pvt. Ltd. v. Dy. CIT (2022) 449 ITR 587 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Estimate of gross profit-Reassessment notice to make addition of 5 percent of turnover instead of 1 percent addition was made in scrutiny assessment-Change of opinion-Notice and order disposing the objection was quashed. [S. 148, Art. 226]