Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Abbott India Ltd v. ACIT (2023) 202 ITD 287(Mum)(Trib)

S. 143(3) : Assessment-Notice issued to a non-existing entity-Amalgamation-AO was informed-Assessment order passed in the name of a non-existent entity is void and liable to be quashed. [S. 144C]

Manjit Kaur v. ITO (2023) 103 ITR 40 (SN)(Chd)(Trib)

S. 143(2) : Assessment-Notice-Assessment order is invalid due to the non-issuance of the mandatory notice u/s 143(2) of the Act and quashed the assessment order. [S. 142(1) 143(3), 147,148]

Dy. CIT v. Barclays Global Service Centre P. Ltd. (2023)103 ITR 100 (Pune)(Trib)

S. 143(2) : Assessment-Notice-Validity-Amalgamation of companies-Effect-Fact of amalgamation brought to Assessing Officer’s notice during assessment proceedings-Assessment proceedings against amalgamating company after approval of amalgamation void ab initio-Amalgamated company’s participation in proceedings not an estoppel against law-Revenue’s appeal against order Of commissioner (appeals) infructuous.[S. 10AA]

Arun Kanhaiya Gupta v. ITO (2023)103 ITR 650 (Mum) (Trib)

S.143(2): Assessment —Notice-Jurisdiction-Condition precedent-Service of notice u/s. 143(2)-No proof regarding service of notice u/s. 143(2)-Assessment order liable to be quashed for want of jurisdiction.[S. 143(3)]

Girishbhai Nanjibhai Solanki v. ITO (2023) 200 ITD 686 (Rajkot)(Trib)

S. 143(2) : Assessment-Notice-Issue of notice beyond statutory limit-Assessing Officer has no power to issue notice under section 143(2) after expiry of 6 months from end of financial year in which return has been field-Reassessment is bad in law.[S. 143(3), 147,148,292BB]

Ambaradi Seva Sahkari Mandali Ltd. v. DCIT (CPC) (Rajkot)(Trib)

S. 143(1)(a) : Assessment-Intimation-Co-operative society-Denial on the ground of filing of belated return under section 139(4)-, Denial of deduction under section 80P vide intimation under section 143(1) was not valid in law. [S. 80P, 139(4), 143(1)(a)(ii)]

Lajwanti Manchanda Trust v. ITO (2023)103 ITR 647 (Trib)(Mum)(Trib)

S. 143(1)(a) : Assessment-Intimation-Family trust-Notification of assessing taxes without giving basic exemption and slab benefits to taxpayers who fall under certain associations of people or trust-using basic exemption and slab benefit, the assessing officer will redetermine tax liability. [S. 2(31)(v), 12A,154, Form 5, Form,7]

Knowledge Infrastructure Systems Pvt. Ltd. v DCIT (Delhi (Trib.) (UR)

S. 143(1)(a) : Assessment-Intimation-Adjustment-Contingent liabilities-Corporate guarantee-No opportunity has been given-Violation of express proviso to Section 143(1)-Matter remanded.

Mukesh Padamchand Sogani v. ACIT(2023) 200 ITD 104 (Pune)(Trib)

S. 143(1)(a) : Assessment-Intimation Adjustments -Deduction of tax at source-Credit for tax deducted-Employer deducting the tax and not depositing-Credit cannot be denied-Section 143(1)(c) does not lay down the condition that tax deducted at source has to be paid to the Government for the credit to be allowed as opposed to the case of payment of advance tax. [S. 143(1)(c), 199, 209(1)(d),234B]

Brajesh Agrawal v. ADIT [2023] 201 ITD 135 (SMC) (All)(Trib.)

S. 143 (1)(a) : Assessment-Intimation Adjustments-A mere mistake on part of tax auditor in reporting income not forming part of business income-Would not ipso-facto lead to addition or adjustment in business income .[S. 10, 22, 28(i), 44AB,56, Form No 3CD]