Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Gian Castings (P) Ltd. v. CBDT (2022) 140 taxmann.com 318 (P& H)(HC) Editorial: SLP of assessee dismissed, Gian Castings (P) Ltd. v. CBDT (2022) 288 Taxman 167 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment proceeding was at its intermediate stage and was yet to be concluded by statutory authority-Writ petition was dismissed. [S. 148, Art. 226, 227]

FTC Overseas v. CBDT (2022) 288 Taxman 321 /(2023) 456 ITR 686 / 332 CTR 724 (P & H)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Response filed to notice not considered-Proceedings not concluded-Interim stage-Writ petition was dismissed. [S. 148A(b), 148A(d), Art. 226, 227]

Uphill Farms (P) Ltd. v. UOI (2022) 288 Taxman 144 / 213 DTR 410 / 326 CTR 671 (All.)(HC)

S. 147 : Reassessment-Unexplained expenditure-Recorded reasons refers transaction amounting Rs. 45 lakhs-Documentary evidence was filed to show that no transaction of Rs. 45 lakhs was entered during the financial year-Reassessment notice and order disposing objection was quashed-Cost of Rs.5,000 was imposed on the Revenue. [S. 68, 148, Art. 226]