Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Revathi Equipment Ltd. v. ACIT (2022) 443 ITR 262 (Mad.)(HC) Editorial: Decision of single judge in Revathi Equipment Ltd. v. ACIT (2021) 435 ITR 543 / 204 DTR 313/ 282 Taxman 232/ 204 DTR 313/ 322 CTR 703 (Mad)(HC) set side.

S. 147 : Reassessment-Collaboration agreements-Order of single judge set aside-Assessing officer directed to consider all the material and objections of the assessee. [S. 148, Art. 226]

Nitinkumar v. JCIT. (2022) 443 ITR 411 (Bom.)(HC)

S. 147 : Reassessment-Duty of Assessing Officer-Rejection Of Objections must be by speaking order recording reasons for rejection of each objection-Matter remanded. [S. 148, 153C, Art. 226]

Kurz India Pvt. Ltd. v. PCIT (2022) 443 ITR 191 (Delhi)(HC)

S. 147 : Reassessment-Contingent liability claimed as revenue expense-Failure to consider submissions in order disposing of its objections-Notice and order disposing of objections quashed. [S. 148, Art. 226]

N. Parvathi Textiles v. ITO (2022) 443 ITR 293 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Failure to disclose material facts-transfer pricing-Capital or revenue-Interest from debentures-Notice valid. [S. 148, Art. 226]

Tata Sons Limited v. Dy. CIT (2022) 443 ITR 282 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-No tangible material-Change of opinion-Reassessment notice not valid. [S. 10A, 80HHE, 148, Art. 226]

Regency Nirman Ltd. v. ACIT (2022) 443 ITR 301 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Cash credits-Loan transaction accepted as genuine after enquiry-Notice on ground that loan transaction was not genuine-Not valid. [S. 132, 148, 153A, Art. 226]

Harish Gangji Dedhiya v. UOI (2022) 443 ITR 273 /140 taxmann.com 344 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Shares or Derivatives-Reopening of Assessment has to be Tested or examined only on basis of reasons recorded and cannot be supplemented by affidavits-Notice vitiated by non-application of mind. [S. 148, 151, Art. 226]

Shell India Markets Pvt. Ltd. v. ITO (2022) 443 ITR 366 / 214 DTR 153 / 327 CTR 69 (Bom.) (HC)

S. 144C : Reference to dispute resolution panel-Faceless Assessment-Limitation period for completion of Assessment by Assessing Officer on receipt of order of Dispute Resolution Panel against draft Assessment order-Not falling within period from March 20, 2020 to December 31, 2020 as stipulated under Section 3(1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020-Assessment order barred by time and consequent demand and penalty notices set aside. [S. 143(3), 144B, 144C(1), 144C(5), 144C(13), 156, 270A, 274, Art. 226]

Sabic Innovative Plastics India Pvt. Ltd. v. Dy. CIT (2022) 443 ITR 310 / 214 DTR 168(Guj.)(HC)

S. 144C : Reference to dispute resolution panel-Limitation-Limitation prescribed by Section 153 Applies-Direction issued to Deputy Commissioner to take up the entire matter of the assessee for consideration at the earliest and take an appropriate decision in accordance with law, within a period of four weeks from the date of receipt of this order and pass an appropriate order in writing. [S. 153, Art. 226]

Eastern Mattresses (P.) Ltd. v. NEAC (2022) 443 ITR 278 (Ker.) (HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Extension of time to submit reply to notice was rejected Assessment order set aside. [S. 144B(1)(xvi), Art. 226]