Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hitech Corporation Ltd. (Formerly known as Hitech Plast Ltd.) v.  ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Not dealt with any of the submissions-Referred 68 case laws without stating how the case laws are applicable to the facts of the petitioner-Reassessment notice is bad in law [S. 148, Art. 226]

Hanwant Manbir Singh v. Dy. CIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Deemed dividend-No failure to disclose truly and fully material facts-Referred 68 cases laws however not stated how case laws are applicable to the facts-The Order was quashed by observing that the Faceless Assessing Officer has wasted his time in writing unsustainable order on objects. [S. 2(22)(e), 148, Art. 226]

Coca-Cola India Pvt. Ltd. v. DCIT (Bom)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Demerger-Notice not specifying failure to disclose any material facts truly and fully by assessee-Notice and subsequent order invalid. [S. 148, 263, Companies Act, 1956, S. 391 to394, Art. 226]

Parag Kishorchandra Shah v. NFAC (Bom.)(HC)(UR)

S. 144B : Faceless Assessment-Natural justice-Order passed without considering petitioners submission-Reasonable time not given to respond to show cause notice-Order and subsequent notices quashed-levied cost on the Assessing Officer Rs. 25,000 to be deposited to PM Cares Fund.[S.142(1), 143(3), 156, S.270A, 217AAC, Art. 226]

Chetan D. Divekar v.  NFAC  (Bom)(HC)(UR)

S. 144B : Faceless Assessment-Show cause notice was never served upon the petitioner-Natural justice-Personal hearing shall be issued at least seven working days in advance-Stricture-Harassment to assessee-Wasting precious judicial time and unnecessary expenditure on lawyers-The court held that the conduct of Assessing Officer was unacceptable and issuing of show cause notice cannot be just an empty formality. [S. 147,148, Art. 226]

ND’s Art World Pvt. Ltd. v. NFAC (Bom.)(HC)(UR)

S. 144B : Faceless Assessment-Natural justice-Assessment order passed without draft assessment order-No personal hearing given-Order was quashed and set aside. [S. 133(6), 143(2), 156, 271AAC, 271B, 274, Art. 226]

PCIT  v. Allied Blenders and Distillers Pvt. Ltd. (Bom.)(HC) (UR)

S. 143(3) : Assessment-Bogus purchases-Hawala dealers-Sales tax Department-Gift materials-Additions made to the total income on account of bogus purchases-Stock register and quantity details filed-Deletion Tribunal-Order of Tribunal is affirmed. [S. 69C, 260A]

PCIT  v. Vishnu Enterprises (Bom.)(HC)(UR)

S. 80IB(10) : Housing projects-Developer-SRA project-Ownership of land is not requirement of the statute-Entitle to deduction-Revision was held to be not valid. [S. 263]

PCIT v. Rediff.Com India Ltd. (Bom.)(HC)(UR)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision for expenses-No disallowance is to be made for failure to deduct tax at source-Tax was deducted when payment was made-Deletion of disallowance is justified. [S. 37(1), 145]

Subhash Chandra v. CIT (2022) 448 ITR 152 / 212 DTR 315 / 326 CTR 36 (MP.)(HC)

Voluntary Disclosure of Income Scheme, 1997 (Finance Act, 1997, (1997) 225 ITR 113 (St) (141)
S. 68 : Voluntary disclosed income not to be included in the total income-Voluntary disclosed income not to affect finality of completed assessment-Tax in respect of voluntary disclosed income not refundable-Assessee cannot seek to reopen assessment of income disclosed under scheme-Not entitled to refund of tax paid-Cannot disclose part of his income under scheme and disclose balance in a belated return. [S. 64, 69, 70, IT Act, S. 139, 264]