Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajesh Gupta v. NFAC (2022) 288 Taxman 553 /(2023) 456 ITR 479/ 335 CTR 345(Mad.)(HC)

S. 153 : Assessment-Reassessment-Limitation-Limitation starts only from last date of financial year wherein notice was served on assessee and not from when notice was issued or sent by revenue. [S. 147, 148, 153(2), Art. 226]

Voltas Ltd. v. ACIT (2022) 288 Taxman 506 / 213 DTR 169 / 327 CTR 748 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Corporate social responsibility-Sanction of Commissioner or Principal Commissioner is a pre-requisite for issuance of a reopening notice under section 148 after expiry of four years from end of relevant assessment year-Reopening notice with sanction of Additional Commissioner was quashed and set aside. [S. 35AC, 80G, 92CA, 147, 148, 151(2), Art. 226]

Zoomcar India (P) Ltd v. UOI (2022) 288 Taxman 761 (Karn.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Opportunity of hearing was not given-Order was set aside and matter remanded back to consider case a fresh. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Tanuja Singh v. UOI (2022) 288 Taxman 171 (Jharkhand)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice dated 31-3-2021, signed and issued on 31-3-2021-Alternative remedy-Writ petition dismissed. [S. 143(3), 147, 148, Art. 226]

Studio Virtues v. ITO (2022) 288 Taxman 62/ 220 DTR 44 / 329 CTR 660 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Submitted a reply along with some documentary evidence showing that there was no escapement of income-Assessing Officer ought to have considered material produced on record by assessee-Matter is remitted back to Assessing Officer to give an opportunity of hearing and thereafter pass a detailed order. [S. 148, 189, Art. 226]

Shini Satheeshkumar v. ITO (2022) 288 Taxman 548 (Ker.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Period of 7 days was to be granted to assessee to file reply. [S. 147, 148, Art. 226]

Seema Gupta v. ITO (2022) 288 Taxman 519 / (2023) 457 ITR 642(Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Long term capital gain-Verified in the original assessment proceedings-Reopening notice and reassessment order is set aside and remanded back for fresh consideration. [S. 45, 147 148, Art. 226]

Red Chilli International Sales v. ITO (2022) 288 Taxman 107 (P& H)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the submission-Proceedings not concluded-Writ petition was dismissed. [S. 148, 148A(b), 148A(d), Art. 226, 227]

Krishana Goel v. PCIT (2022) 288 Taxman 213 (P& H)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Response to show cause notice was not considered-No jurisdiction error-Writ petition was dismissed. [S. 148, 148A(d), Art. 226, 227]

Indure (P.) Ltd. v. PCIT (2022) 142 taxmann.com 66/ 216 DTR 233 / 327 CTR 761 (Delhi)(HC) Editorial : SLP of assessee dismissed, Indure (P.) Ltd. v. PCIT (2022) 288 Taxman 721 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Bogus purchase-Non supply of clear and legible copies-Cannot be adjudicated in the writ proceedings-Three working days to file reply-Natural justice not violated-Writ petition was dismissed. [S. 148, 148(d), Art. 226]