Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Nokia India Pvt Ltd v. ACIT(2022) The Chamber’s Journal -March – P. 325 ( Delhi)(HC)

S. 154 : Rectification of mistake – Refund along with interest -CBDT instruction – Direction issued to dispose the application within six weeks by way of reasoned order and issue refund if any along with interest within said time . [ S. 119, 244A, 245 , Art , 226 ]

TE Connectivity India Pvt Ltd v. DCIT ( 2022) 138 taxmann.com 148 /The Chamber’s Journal –April – P. 96 ( Karn)(HC)

S. 153 : Assessment – Reassessment – Limitation – Tribunal remanding back for denovo adjudication – Notice beyond limitation period was quashed – Directed to refund the amount in excess of admitted liability along with interest [ S. 92CA(3A), s153 (4), 240 , 244 , 254(1), Art , 226 ]

Gulmuhar Silk Pvt Ltd v. ITO ( 2022) 212 DTR 345/ 326 CTR 244 ( Delhi)( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment order not passed – Statement of entry provider – Case does not fall under the exceptional grounds – Alternative remedy – Writ petition was dismissed [S. 148 , Art, 226 ]

PCIT v. Mahla Real Estate ( P) Ltd (2022) The Chamber’s Journal -March – P. 109 ( Raj)( HC)

S. 148 : Reassessment –Notice -Name struck off – Notice served on person not authorised by the assessee is not valid service – Assessment order was quashed – Section 292BB is prospective and applicable from AY. 2009 -10 onwards [ S.147, 282, Code of Civil Procedure 1908, Order, 5 ]

Prethi Kitchen Appliances Pvt Ltd v .ACIT ( 2022) ) The Chamber’s Journal – February -P. 180 ( Bom)( HC)

S. 147 : Reassessment – Change of opinion –Depreciation on intangible – Acquisition of Brands – Information from Investigation Wing – All materials were before the Assessing Officer during original assessment proceedings – Once the query raised was subject to the consideration of the AO , while completing the assessment , it is not necessary that the assessment order should contain reference and / or discussion to disclose his satisfaction in respect of each of query raised – Reassessment based on same records quashed on the ground of change of opinion [ S. 32 , 92CA(4), 148 , Art , 226 ]

Sanjeev Amritlal Chheda v. ITO (2022) The Chamber’s Journal – February -P. 176 ( Bom)( HC)

S. 147 : Reassessment – Borrowed cash loan – Violation of section 269SS – Reason did not mention that income that escaped assessment – Mechanical approval -Reassessment notice is invalid and quashed [ S. 148 , 151, 269SS, 269T , Art , 226 ]

Kamlesh Rajnikant Shah v .PCIT (2022) (2022) 287 Taxman 504 (Guj.)(HC)

S. 127 : Power to transfer cases – Transfer for effective and co -ordinated investigation and assessment – Transfer valid [ S. 132, Art . 226 ]

CIT(E) v. Sanskriti Sagar (2022) The Chamber’s Journal – June -P. 77 ( Cal)( HC)

S. 12AA : Procedure for registration –Trust or institution- Third party statement – Failure to record how the activities of the Trust is not genuine – Order of cancellation of registration is not valid [ S. 12A, 12AA(3), 133A ]

ITO v. Armine Hamied Khan (2022) 197 ITD 110 ( Mum)( Trib) www.itatonline .org

S.54F : Capital gains- Investment in a residential house – Non -Resident – Transfer of tenancy rights – Invested in residential flat in proposed building – AO was indeed in error in adopting a hyper-pedantic approach and holding that there was a fresh claim for exemption under section 54F of the Act -Entitle for exemption [ S.45, 54, ]

Ajay Bhandari v. UOI (2022) 446 ITR 699 / 288 Taxman 217/ 218 DTR 201/ 328 CTR 884 ( All)(HC)

S. 149 : Reassessment – Time limit for notice – Board’s circular dated 11-5 -2022 ( 2022) 444 ITR 43( St) – Income escaping assessment to tax is less than Rs .50 lakhs – Reopening is not valid [ S.148, 148A Art , 226 ]