Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hitech Corporation Ltd ( Formerly Known as Hitesh Plast Ltd ) v. ACIT ( Bom)( HC) www.itatonline .org.

S.147: Reassessment – After the expiry of four years – Change of opinion – Subsidy – Provision for expenses – Query raised during assessment proceedings – Reply filed – It is not necessary that the assessment order should contain reference or discussion in the assessment order -Order was quashed – Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring the issue under consideration – Faceless Assessing Officer has only wasted his time in writing unsustainable order on objections . [ S. 4, 37(1)), 143(3), 148 ,Art , 226 ]

L.G.Electronics India ( P) Ltd v .PCIT ( 2022 ) 134 taxmann.com 330 ( SC) Editorial : Oder of Tribunal in L.G. Electronics India ( P) Ltd v. ACIT ( 2017) 83 taxmann.com 179/ 187 TTJ 470 ( Delhi ) ( Trib) , set aside .

S. 263 : Commissioner – Revision of orders prejudicial to revenue -capital or revenue receipt – Subsidy – Order of the Assessing Officer accepting the receipt as capital receipt was ex facie erroneous and potentially prejudice to revenue – Order of the High Court remanding the matter to the Assessing Officer was affirmed [ S. 4 ]

PCIT v. Mahila Real Estate (P) Ltd ( Raj) (HC) . www.itatonline .org

S. 148 : Reassessment –Notice – No valid service – Reassessment was bad in law – Service of notice on Advocate , Chartered Accountant or an employee not authorised is not an valid service . [ S. 292BB , CPC 1908 Order ,5 ]

Tata Capital Financial Services Limited v. ACIT (2022) 443 ITR 127 /212 DTR 55/ 325 CTR 57/ 287 Taxman 1(Bom)(HC) www.itatonline .org

S. 147: Reassessment – Revenue directed to guidelines for reassessment – CBDT to issue guidelines to its officers based on the Order with clear instructions which are to be strictly followed. [S. 148 , 149, 150, 151, Art , 226 ]

Infosys Bpm Ltd. v. Dy. CIT (2021) 87 ITR 193 ( Bang) (Trib)

S. 10A : Free trade zone – Export turnover – Communication expenses is to be deducted from both export turnover and total turnover.

Mahalingam Chandrasekar v. CCIT (2021) 439 ITR 698 (Mad.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Failure to file return within stipulated time-Issue of summons was only for one year-Reasons Remanded to the Commissioner for fresh consideration. [S. 139(1), 279(2), Art. 226]

Subex Ltd. v. CIT (2021) 439 ITR 495 / 2022) 285 Taxman 350 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amortisation of preliminary expenses-Granted in initial year of expenditure-Deduction cannot be withdrawn in subsequent year. [S. 35D]

Narayanachetty Roja v. PCIT (2021) 439 ITR 104 / 323 CTR 861 (AP)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Violation of principles of Natural justice-Matter remanded to PCIT [S. 143(3), Art. 226]

Ashoka Ispat Udyog v. PCIT (2021) 439 ITR 391 (Orissa)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order passed without providing adequate opportunity to the assessee was held to be not valid-Revision order which was affirmed by the Tribunal was set aside-directed the Commissioner to pass the order in conformity with the provisions of the Act. [S. 254(1)]

PCIT v. Surya Textech (2021) 439 ITR 215 / ( 2022) 211 DTR 153/ 325 CTR 350/ 285 Taxman 309 (HP)(HC)

S. 260A : Appeal-High Court-Central Board of Direct Taxes Circulars-Question was not argued before Tribunal-Appeal is not maintainable. [S. 80IC, 268A]