Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/141 taxmann.com 272 (Mad.)(HC)/: Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 153C : Assessment-Income of any other person-Search-Validity-Jointly conducted-Three persons and firm-Firm would not require to be dealt with under section 153C, but would be under section 153A; however, if material collected in search against such person is used against other person, then proceeding can be taken under section 153C and not under section 153A-Matter remanded. [S. 153A, Art. 226]

Jindal Forgings v. PCIT (2022) 328 CTR 239 /216 DTR 449 / 143 taxmann.com 263 (Jharkhand)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Only three days time was given-Defect committed by revenue was a curable defect and if law permits, revenue can issue fresh letter to assessee in continuation to notice issued under section 148A(b) by giving him at least seven days time. [S. 148, 148A(b). 148A(d), Art. 226]

North End Foods marketing(P) Ltd. v. Dy. CIT (2022) 220 DTR 68 / 329 CTR 788 / (2023) 146 taxmann.com 67 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Beneficiary of accommodation entries-Transaction in the course of business-Writ petition was dismissed. [S. 148, 149, Art. 226]

DCM Shriam Ltd. v. ACIT (2022) 218 DTR 217 / 139 taxmann.com 405/(2023) 334 CTR 811 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amalgamation-Appeal pending before DRP-Notice of reassessment is bad in law. [S. 148, Art. 226]

Yellaiah Setty v. ACIT (2022) 216 DTR 128 / 143 taxmann.com 326/ 327 CTR 600 (Telengana)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed on grounds which are beyond subject matter of show cause notice-Writ petition was dismissed. [S. 148, 148A((b), 148A(d), Art. 226]

Shrenik Sudhir Vimawala v. ACIT (2022) 215 DTR 57 /327CTR 129 / 140 taxmann.com 236 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Objection was not considered-AO was required to pass final order under section 148A(d) after taking into consideration said objections-Matter remanded. [S. 148, 148A(b), 148A(d), Art. 226]

Hardev Singh v. ITO (2022) 214 DTR 146 / 326 CTR 875 / 140 taxmann.com 67 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the reply of the assessee-Order was quashed and matter was to be remanded back to Assessing Officer with a direction to decide notice under section 148A(b) by passing a reasoned order in accordance with law, after taking into account reply filed by assessee. [S. 148A(c), 148A(d), Art. 226]

Katlary Kariyana Merchant Sahkari Sarafi Mandali Ltd. v. ACIT (2022) 215 DTR 125/ 327 CTR 138 / 140 taxmann.com 602 (Guj.)(HC)

S. 147 : Reassessment-Interest-Co-operative Banks and Nationalized Bank other than Co-operative Societies-Not explained properly-Income from other sources-Reassessment notice is held to be valid. [S. 80P(2)(i), 148, Art. 226]

Pentamedia Graphics Ltd. v. ACIT (2022) 212 DTR 65 / 326 CTR 86 / 140 taxmann.com 10 (Mad.)(HC) Editorial : Order of single Judge, Pentamedia Graphics Ltd v. ACIT (2022) 212 DTR 671/ 326 CTR 93/ 138 taxmann.com 48 (Mad)(HC)

S. 147 : Reassessment-Deduction of tax at source-Payment to non-resident-Multimedia charges-Alternative remedy-Order of single Judge of High Court directing the assessee to participate in reassessment proceedings was affirmed. [S. 148, 195, Art. 226]

Cresent Co. v. CIT (2022) 214 DTR 77 / 137 taxmann.com 408 / 334 CTR 339(Orissa)(HC)/Moinuddin Enterprises v. CIT (2022) 214 DTR 77/ (2023)334 CTR 339 (Orissa HC)/ Ganpur Wine v. CIT (2022) 214 DTR 77 /(2023) 334 CTR 339 (Ori) (HC)

S. 145 : Method of accounting-Non-issuance of sale memos-Mere non-issuance of sale memos could not have been a ground to reject entire account books particularly since it pertained to sale of country liquor to tribal populations.