This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 263 : Commissioner – Revision of orders prejudicial to revenue -Agricultural land – Capital asset – land sold by assessee was situated beyond 8 kms from local limits of any municipality or cantonment board- Not capital asset – Revision order is not valid [ S. 2(IA), 2(14) (iii) , 143(3) ]
CIT v. Chandan Magraj Parmar (2022) 445 ITR 674 /285 Taxman 565 (Bom)(HC)
S. 147 : Reassessment –With in four years- Store launch expenses- Capital or revenue – Change of opinion – Reassessment notice is quashed [ S. 37 , 148 , Art , 226 ]
Trent Ltd. v. Dy. CIT (2022)285 Taxman 460 (Bom)(HC)
S. 147 : Reassessment – Depreciation on goodwill – Change of opinion – Re assessment notice is not valid [ S. 32 , 148 , Art , 226 ]
Sterling and Wilson (P.) Ltd. v .ACIT (2022)285 Taxman 468 (Bom) ( HC)
S. 147 : Reassessment –With in four years- Capital gains –Shares – Rate of tax at 10 % – Application of mind during original assessment proceedings – Notice issued u/s 148 is quashed [ S. 48, 112 , 143(3), 148 , Art , 226 ]
Golden Tobacco Ltd. v. ACIT (2022)285 Taxman 688 (Bom) (HC)
S. 147: Re assessment – Change of opinion – Housing project – Full details of residential unit was furnished in the course of assessment proceedings – Re assessment is held to be bad in law . [ S.80IB(10), 148 Art , 226 ]
Gemstar Construction (P.) Ltd. v UOI (2022) 285 Taxman 457 (Bom) (HC)
S.147: Reassessment – After the expiry of four years – Cash credits – Information received from Director (Investigation ) –Bogus suspicious transaction – Fishing enquiry – Reassessment notice is quashed . [ S. 68, 148 , Art , 226 ]
Reynolds Shirting Ltd. v. ACIT (2022)285 Taxman 554 (Bom) (HC)
S. 147 : Reassessment – After the expiry of four years – Certificate was issued for nil TDS – Reassessment notice on the ground that misrepresentation of facts – Agreement was made available when the certificate was issued – Reassessment is held to be not justified .[ S. 148 , 197, Art , 226 ]
Reuters India (P.) Ltd. v. Dy.CIT (2022 ) 285 taxman 557 (Bom)( HC)
S.147: Reassessment – After the expiry of four years – Sub contract and sub -contract – During assessment proceedings all details are furnished – survey – Reasons cannot be improved or supplemented Re assessment notice is not valid – Re assessment notice is not valid .[ S. 133A, 148 , Art , 226 ]
Patel Engineering Ltd. v . Dy. CIT (2022)446 ITR 728 / 285 Taxman 655 / 210 DTR 185 (Bom) (HC)
S.147: Reassessment – After the expiry of four years – Life Insurance company – Actuarial report- No failure to disclose material facts – Reassessment is not justified [ S.44, 57 , 148, Art , 226 ]
CIT v. SBI Life Insurance Company Ltd (2022) 444 ITR 639/ 285 Taxman 705 (Bom)(HC)
S. 40(a)(ia): Amounts not deductible – Deduction at source – Commission paid to Chairman and manging director – Part of salary provision of section 192 is applicable and not section 194H- TDS is deductible at the time of payment and not when the provision was made – No disallowance can be made . [ S. 192 , 194H , Form No 16 ]
PCIT v. Indofil Industries Ltd. (2022)285 Taxman 476 / 213 DTR 213/ 327 CTR 603 (Bom)(HC)