Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


S. A. Developers v ACIT (2022) 285 Taxman 238 (Bom) (HC)

. 147 : Reassessment –With in four years- HUF -Partner – Interest paid to partner -Materials were on face of a document available before Assessing Officer – Reassessment notice was quashed [ S. 148 ,184 Art, 226 ]

Acron Developers ( P) Ltd v. Dy.CIT (2020) 285 Taxman 411 (Bom)(HC)

S.147: Reassessment – After the expiry of four years – Tax audit report – No new material – Notice was quashed [ S.115JB, 148, Art, 226 ]

Vodafone Idea Ltd ( 2022) 285 Taxman 381 ( Bom)( HC)

S.147: Reassessment – After the expiry of four years – Change of opinion- Minimum alternative tax-No whisper as to was not disclosed – Reassessment notice was quashed [S. 115JB, 148 , Art, 226 ]

Upal Developers (P.) Ltd. v. Dy.CIT (2022) 285 Taxman 23 (Bom)(HC)

S.147: Reassessment – After the expiry of four years – Change of opinion -Rental income from shops – Income from house property -Income from business – Income from other sources -Reassessment notice was quashed [ S. 22, 28(i), 56 ,148 Art , 226 ]

Pfizer Ltd v. ACIT (2022) 285 Taxman 188 / 209 DTR 149 / 327 CTR 189(Bom)(HC)

S.147: Reassessment – After the expiry of four years – Failure to deduct tax at source – Payments to stockists – No failure to disclose material facts -Reassessment notice was quashed . [ S. 40(a)(ia), 148 , 184H , 201(1) 201(IA) , Art , 226 ]

Asian Paints Ltd. v ACIT (2022) 285 Taxman 65 (Bom)(HC)/Editorial : SLP of Revenue is dismissed, ACIT, LTU v. Asian Paints Ltd. (2024) 298 Taxman 752 /466 ITR 281 (SC)

S. 147 : Reassessment – After the expiry of four years -Change of opinion -Capital or revenue -Advertisement and sales promotion expenses – Reassessment notice was quashed . [ S. 37(1), 148 Art , 226 ]

Uttam M Jain (HUF) v. ITO (2022) 285 Taxman 100 / 209 DTR 51/ 324 CTR 141 (Bom) (HC)

S. 144B : Faceless Assessment –Accommodation entries – Bogus sales -Penny stock companies -Order passed violation of principle of natural justice -Order was quashed – Notice of reassessment was held to be valid [ S. 69, 143(3),147, 148 Art, 226 ]

Divesh Prakashchand Jain v PCIT (2022) 445 ITR 496 /285 Taxman 206 (Bom)(HC))

S. 127 : Power to transfer cases – Transfer of case from Mumbai to Bangalore- No reason was recorded – Order of transfer of case was set aside [ S. 127(2), Art , 226 ]

Small Industries Development Bank of India v. CBDT (2022) 441 ITR 80/ 285 Taxman 113 / 209 DTR 171/ 324 CTR 317 / 209 DTR 171/ 324 CTR 317 (Bom) (HC)

S. 115-O : Domestic companies – Tax on distributed profits – Not liable to pay dividend distribution tax on dividend paid by it to share holders [ S. 2(22))(a),Art, 226 , SIDBI Act , 1989 , S. 29(2), 50]

Jacob Engineering India ( P)Ltd v. ACIT ( 2022) 285 Taxman 326 ( Bom)( HC)

S. 92C : Transfer pricing – Arm’s length price -Comparable – Opportunity of hearing was not given – Matter remanded [ S. 254(1) ]