Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


N. Illamathy (Smt.) v. ITO (2020) 275 Taxman 25 / 195 DTR 49 / 317 CTR 543 (Mad.)(HC)

S.149 : Reassessment – Time limit for notice – Direction of CIT (A) – Reassessment barred by limitation cannot be reopened – Reassessment was quashed . [ S.143(1), 149(1)(b) ]

Kasautii Jewellers v. CIT (2020) 274 Taxman 49 / 195 DTR 389 / 317 CTR 675 (Jharkhand)(HC)

S. 148 : Reassessment – Notice – When alternative remedy of appeal is available under statute, it would not be appropriate and proper for High Court to exercise extraordinary jurisdiction conferred on High Court .[ S.147 , Art , 226 ]

Telekom Malaysia Berhad v. UOI (2020) 273 Taxman 179 / 195 DTR 143/ ( 2021 ) 320 CTR 347 (Karn.)(HC)

S. 148 : Reassessment – Notice –Alternative remedy – Writ petition dismissed -Order of Single Judge is affirmed [ S. 147, Art , 226 ]

Ashick Abraham v. PCIT (2020) 272 Taxman 538 / 191 DTR 282 / 315 CTR 723 (Ker.)(HC)

S. 148 : Reassessment –Jurisdiction of Assessing Officer – Proceedings initiated under section 148 shall be proceedings at stage of filing of return under section 139 of the Act- Directed the Assessing Officer to take appropriate decision within a period of one month of the receipt of the copy of judgement . [ S. 124(2), 147 Art , 226 ]

Abdul Azeez Haroon v. Dy. CIT (IT) (2020) 270 Taxman 216 / 194 DTR 306 / 317 CTR 610 (Mad.)(HC)

S. 148 : Reassessment – Non -Resident Indian – Notice issued by Madurai Income tax Officer when the assessee is staying in Shimoga Karnataka is held to be bad law and without jurisdiction [ S. 120 , 127 , 147 Art , 226 ]

Mohan Ravi v. ITO (2020) 195 DTR 108 /317 CTR 451 / 268 Taxman 408 (Mad.)(HC)

S. 147 : Reassessment – Survey – Failure to furnish details of invoices for expenses- Reassessment is held to be valid [ S. 37(1),133A, 148 , Art , 226 ]S. 147 : Reassessment – Survey – Failure to furnish details of invoices for expenses- Reassessment is held to be valid [ S. 37(1),133A, 148 , Art , 226 ]

CIT v. Neyveli Lignite Corporation Ltd. (2020) 273 Taxman 322 / 193 DTR 6 (Mad.)(HC)

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

PCIT v. Vijayeshwari Textiles Ltd. (2020) 275 Taxman 560 / 196 DTR 126 (Mad.)(HC)

S.147: Reassessment- After the expiry of four years- Product development expenditure – Capital or revenue – Reassessment is held to be bad in law [ S.37 (1) ]

CIT v. NCR Corporation (P.) Ltd. (2020) 274 Taxman 139 / 193 DTR 66 (Karn)(HC)

S. 145 : Method of accounting – Change in revenue recognisation method – Held to be justified .

Kandan & KannanMedicalAgency v. ITO (2020) 194 DTR 172 / 269 Taxman 291 (Mad.)(HC)

S. 144 : Best judgment assessment – Specific show cause notice was not issued in respect of proposed addition under section 69A of the Act and not other issues – Matter remanded to the Assessing Officer to redo the assessment [ S. 69A , 142 (1), Art , 226 ]