Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajeev Behl v. PCIT (2021) 438 ITR 612 / 206 DTR 390/ 323 CTR 71/(2022)) 284 Taxman 128 (Delhi)(HC)

S. 179 : Private company-Liability of directors-Recovery of tax-Burden on director to prove that non-recovery of dues from company was not due to his gross negligence or misfeasance-Agreement amongst directors not binding on-revenue-Recovery proceedings was held to be valid-Interpretation-Difference between Rights in Personam and Rights in Rem. [S. 246, 264, Art. 226]

Karti P. Chidambaran v. Addl. CIT (2021) 282 Taxman 112 / 204 DTR 442 (Mad.)(HC)

S. 153C : Assessment-Income of any other person-Search-Opportunity of personal hearing-Opportunity of cross examination of persons-Matter was remanded back. [Art. 226]

Karti P. Chidambaram v. Add. CIT (2021) 437 ITR 206 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad.)(HC)/Srinidi Karti Chidambaran v. Addl. CIT (2021) 437 ITR 206/ 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad) (HC)

S. 153C : Assessment-Income of any other person-Search-Natural justice-Statement of third parties used against the assessee-Opportunity of cross examination of persons whose statement was recorded was not given-Matter remanded. [S. 132, Art. 226]

Sri Sai Cashews v. CCIT (2021) 438 ITR 407 / 205 DTR 293 / 322 CTR 426 /(2022) 284 Taxman 593 (Orissa)(HC)

S. 153C : Assessment-Income of any other person-Search-Survey-No incriminating material was found-Assessment was held to be bad in law. [S. 69A, 132, 133A, 156, Art. 226]

PCIT (Central) v. Jaypee Financial Services Ltd. (2021) 282 Taxman 475 (Delhi)(HC)

S. 153A : Assessment-Search-No incriminating documents were found-Assessment was not pending on the date of search-Deletion of addition was held to be justified. [S. 40A(3), 132]

Jami Nirmala (Smt.) v. PCIT (2021) 437 ITR 573 / 207 DTR 65/ 323 CTR 317 ( 2022) 284 Taxman 141 (Orissa)(HC)

S. 153A : Assessment-Search-No incriminating material was found-Assessment was completed on the date of search-Assessment order and notice of demand was held to be not valid. [S. 132, 156, Art. 226]

Vetrivel Minerals v. ACIT (2021) 437 ITR 178 / 282 Taxman 321 / 208 DTR 280/ 323 CTR 766(Mad.)(HC) Vijay Cements v. ACIT (2021) 437 ITR 178 / 282 Taxman 321/ 208 DTR 280/ 323 CTR 766 (Mad.)(HC)

S. 153A : Assessment-Search-Block assessment-Natural justice-Electronic documents-Copies of panchanama-Opportunity of cross examination of persons whose statements were used against the assessee-Assessment order was set aside and matter remanded. [S. 132, 132(4) Indian Evidence Act, 1872, S. 65B]

Pentamedia Graphics Ltd. v. ACIT (2021)438 ITR 108 (Mad.)(HC)

S. 153 : Assessment-Reassessment-Limitation-Limitation would commence from date of passing of order by competent Authority or Court properly signed and sealed by court and communicated to parties-Mere filing of appeal will not preclude competent Authority from proceeding under law. [S.143(3)]

Madras Race Club v. Dy.CIT (2021) 438 ITR 203 (Mad.)(HC)

S. 149 : Reassessment-Time limit for notice-Interim stay of proceedings-Dismissal of writ petition-Appeal pending before Supreme Court-Reassessment was not barred by limitation-Alternative remedy-Writ is not maintainable. [S. 147, 148, 153, Art. 226]

Manoj Kumar Sharma v. ITO (2021) 438 ITR 693 (All.)(HC)

S. 148 : Reassessment-Notice-Service of notice-Question of fact-No substantial question of law. [S. 147, 260A]