Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pankaj v. NEAC (2022) 441 ITR 502 / 211 DTR 313 / 325 CTR 567 / 286 Taxman 228 (Bom.)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Reply filed was not taken in to consideration-Order remanded with the direction to pass the order in accordance with law after giving due opportunity of hearing to the assessee. [S. 143(3), 144B(7)(viii), 144B(7)(xii), Art. 226]

Goa Industrial Development Corporation (Through its Managing Director) v. NFAC (2022) 442 ITR 212 / 285 Taxman 464 / 209 DTR 57 / 324 CTR 129 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Failure to issue show cause notice and draft assessment order-Order was quashed and set aside-Directed to pass assessment order by following due procedure as contemplated under section 144B of the Act and giving an opportunity of hearing through video-Conferencing. [S. 2(15), 12A,144, 148, 156, 222, 232, Art. 226]

Zeus Housing Company v. UOI (2022)441 ITR 666 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Order passed without considering the reply filed by the assessee-Order and consequential demand notice was set aside-Strictures-Officers are not truthful in filing their affidavit-Directed to circulate copy of this order to Commissioner of income-tax (Judicial) Mumbai and also to all Commissioner (Judicial) in the Country-Department to be truthful and accept their mistakes instead of filing false affidavit. [S. 156, Art. 226]

Pankaj v. NEAC (2022) 441 ITR 502 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Proper opportunity of personal hearing not given-Matter remanded. [S. 143(3), Art. 226]

Milestone Brandcom Pvt. Ltd. v NFAC (2022) 441 ITR 470 (Bom.)(HC)

S. 144B : Faceless Assessment-Draft assessment order and notice -Reply not considered-Request for personal hearing not considered -Non-application of mind by Assessing Officer- Order and consequential demand was set aside-Matter Remanded-Strictures-Assessing Officer was directed to pay Rs. 10,000 as donation from his personal account to P.M. Care Fund. [S. 156, 270, Art. 226]

Golden Tobacco Ltd. v. NFAC (2022) 442 ITR 204/284 Taxman 292 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural Justice-Order passed without issuing show cause notice and draft assessment order-Order was quashed and set aside. [S. 143(3), 144B(1)(xvi), Art. 226]

Abacus Real Estate (P.) Ltd. v. Dy. CIT (2022) 284 Taxman 654 (Bom.)(HC) Editorial ;Dy. CIT v. Abacus Real Estate Pvt. Ltd. (2023)453 ITR 224 (SC),decision of the Bombay High Court is modified and matter remanded .

S. 144B : Faceless Assessment-Natural justice-No show cause notice was issued-Order passed without following mandatory procedure-Order was quashed. [Art. 226]

PCIT v. 3I India Ltd. (2022) 445 ITR 504284 Taxman 487 (Bom.)(HC).Editorial : SLP of Revenue dismissed , PCIT v. 3I India Ltd(2022) 289 Taxman 295 ( SC)

S. 92C : Transfer pricing-Arm’s length price-Adjustments-Comparable-Tribunal correctly applied the principle and decided on facts-No question of law Stricture-Court directed that the Commissioner of Income-tax and CIT (Judicial) would well to review all appeals filed and with draw the same if it is on facts and settled law. The Court also directed the Counsel of Revenue to serve a copy of this order on the law Secretary (Government of India), Central Board of Direct Taxes, Principal Chief Commissioner of Income tax (Maharashtra) and CIT (Judicial) for necessary action. [S.92CA, 260A]

PCIT v. Goldline Pharmaceuticals Pvt. Ltd. (2022) 441 ITR 543 / 210 CTR 57 / 324 CTR 640 / 286 Taxman 345 (Bom.)(HC)

S. 37(1) : Business expenditure-Expenses in providing free gifts Facilities to Medical Practitioners-Allowable as deduction-Expenses prohibited by law-Oppressive circulars would have prospective application.

PCIT v. Universal Music India Pvt. Ltd. (Bom)(HC) www.itatonline .org Editorial: CIT v. Amitabh Bacchan ( 2016) 384 ITR 200/ (69) taxmann.com 170 (SC) distinguished.

S. 263: Commissioner – Revision of orders prejudicial to revenue – Payment to specified persons – Revision proceedings cannot travel beyond the reasons given in show cause notice- 0rder of Tribunal is affirmed [ S. 40A(2)(b ) ]