Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajeshwar Land Developers (P.) Ltd. v. ITO (2022) 288 Taxman 186/(2023) 450 ITR 108 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Reply to queries in respect of said expenses were furnished-Reassessment notice and order disposing objection was quashed. [S. 37(1), 148, Art. 226]

Pidilite Industries Ltd. v. UOI (2022) 288 Taxman 227 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Deduction allowed unit wise-Reasons for reassessment notice was the assessee should have been allowed deduction of 30 per cent and not 100 per cent-Reassessment notice and order disposal of objection was quashed. [S. 80IC, 148, Art. 226]

Krishnakumar J. Desai v. ITO (2022) 288 Taxman 309 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Long term capital gains-Bogus claim-Dead person-Reopening of assessment for same reason-Matter was remanded back to Assessing Officer to verify reasons for reopening and only if different reason was given on earlier occasion, Assessing Officer could proceed to finalize impugned reopening proceedings. [S. 10(38), 45, 148, Art. 226]

Jiyand Ram Ahuja v. PCIT (2022) 288 Taxman 746 / 329 CTR 126 / 216 DTR 228/(2023) 457 ITR 140(MP)(HC)

S. 147 : Reassessment-After the expiry of four years-Court cannot go into the sufficiency of reasons assigned-Writ petition was dismissed. [S. 148, Art. 226]

PCIT v. Ambika Sarees (P) Ltd. (2022) 288 Taxman 174 (Cal.) (HC)

S. 145 : Method of accounting-Unexplained investments Undervaluation of stock-Statement of director in the course of survey-Solely relying on statement of director addition cannot be made. [S. 69, 133A]

Shanavas M. v. NFAC (2022) 288 Taxman 550 / 218 DTR 145/329 CTR 549 (Ker.)(HC)

S. 144B : Faceless Assessment-Natural justice-Filed objection with supporting evidence-No infringement of principles of natural justice-Alternative remedy-Writ petition was dismissed. [S. 147, Art. 226]

Premlata Ramakant Fatehpuria v. PCIT (2022) 288 Taxman 54/ (2023) 455 ITR 368 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Personal hearing was not granted-Order was quashed and set aside [Art. 226]

Pichila Jayachandra Reddy v. NFAC (2022) 288 Taxman 95 (Karn.)(HC)

S. 144B : Faceless Assessment-Natural justice-One day time to give response-Order was set aside and remanded. [S. 142(1), Art. 226]

Gujarat State Financial Services Ltd. v. ACIT (2022) 288 Taxman 755 (Guj.)(HC)

S. 144B : Faceless Assessment-Natural justice-Opportunity of hearing-Addition was made without issuing notice-cum draft assessment order-Order was quashed-Matter remanded [S. 144B(7), Art. 226]

Dediyasan Industrial Co-op. Credit Society Ltd v. ACIT (2022) 288 Taxman 682 /(2023) 455 ITR 728 (Guj)(HC)

S. 144B : Faceless Assessment-Natural justice-Personal hearing-Video conferencing-Order passed without providing it with an opportunity of hearing by not following prescribed procedure for faceless assessment-Assessment order was quashed-Matter remanded. [S. 80P, 144B(7), Art. 226]