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. 144C : Reference to dispute resolution panel-Submission of assessee not considered-Draft assessment order is set aside with the direction to complete the assessment after considering the response of assessee. [Art. 226]
BASF Catalysts India (P) Ltd. v. Addl. CIT (2022) 285 Taxman 431 (Mad.)(HC)
S. 144B : Faceless Assessment-Violation of principle of natural justice-Sufficient opportunity was not given-Order of assessment is set aside. [S. 144B(1)(xxii), Art. 226]
Sree Narayana Dharma Sabha Sreyas v. ACIT (2022) 285 Taxman 516 (Ker.)(HC)
S. 144B : Faceless Assessment-Natural justice-Application to file further time to file reply was not considered-Order was set aside. [S.143(3), Art. 226]
Preethi Himachal & Co. v. UOI (2022) 285 Taxman 518 / 219 DTR 365/ 329 CTR 538 (HP)(HC)
S. 144B : Faceless Assessment-Opportunity of hearing was not given-Order was set aside. [Art. 226]
Fifth Field Realtors (P.) Ltd. v. ACIT (2022) 285 Taxman 559 (Mad.)(HC)
S. 144B : Faceless Assessment-Show casue notice-One day time was given-Personal hearing was not requested-Writ dismissed due to availability of alternate statutory remedy. [S. 143(3), 246A, Art. 226]
British Agro Products (India)(P) Ltd. v. ACIT (2022) 285 Taxman 141 (Mad.)(HC)
S. 142(2A) : Inquiry before assessment-Special audit-Order was passed after giving adequate opportunity and considering the reply of the Assessee-Order is affirmed. [Art. 226]
Rajiv Gandhi Proudyogiki Vishwa Vidyalaya v. UOI (2022) 285 Taxman 208 (MP)(HC)
S. 139 : Return of income-Delay in submitting ITR-V did not make e-filed return for assessment year 2008-09 invalid for denying carry forward of losses claimed in such return. [S. 80]
PCIT v. Electronics and Controls Power Systems (P.) Ltd. (2022 285 Taxman 92 / 212 DTR 233 / 326 CTR 233 (Karn.)(HC)
S. 80P : Co-operative societies-A co-operative society registered under Karnataka Souharda Sahakari Act, 1997 would be construed as co-operative society-Entitle to claim benefit.[S. 2(19)]
Sri Martha Vividoddesha Pathima Souharda Sahakarii Niyamitha v. UOI (2022) 285 Taxman 230 (Karn.)(HC)