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. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-The documents and submissions which were available before the AO, before passing of the original assessment order;-Not even a whisper as to what was not disclosed-Reassessment notice was quashed. [S. 148 Art, 226]
Vodafone Idea Ltd. v. ACIT (2022) 211 DTR 99 / 325 CTR 241 / 285 Taxman 381 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Real estate agent-ITS data-Non disclosure of turnover-Details were furnished in the scrutiny assessment-Reassessment notice was quashed. [S. 69, 148, Art. 226]
Monarch & Qureshi Builders v. UOI (2022) 284 Taxman 643 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Sale of shares-Judgement relied was existence before passing of original assessment order-Error due to oversight-Issue discussed and considered by the Assessing officer-Reassessment notice was quashed. [S. 54EC, 132, 143(3), 148, 153A, Art. 226]
Ashraf Alibhai Nathani v. ACIT (2022) 211 DTR 336 (Bom.)(HC)
S. 144B : Faceless Assessment-Violation of principle of natural justice-Reply filed was not taken in to consideration-Order remanded with the direction to pass the order in accordance with law after giving due opportunity of hearing to the assessee. [S. 143(3), 144B(7)(viii), 144B(7)(xii), Art. 226]
Pankaj v. NEAC (2022) 441 ITR 502 / 211 DTR 313 / 325 CTR 567 / 286 Taxman 228 (Bom.)(HC)
S. 144B : Faceless Assessment-Natural justice-Failure to issue show cause notice and draft assessment order-Order was quashed and set aside-Directed to pass assessment order by following due procedure as contemplated under section 144B of the Act and giving an opportunity of hearing through video-Conferencing. [S. 2(15), 12A,144, 148, 156, 222, 232, Art. 226]
Goa Industrial Development Corporation (Through its Managing Director) v. NFAC (2022) 442 ITR 212 / 285 Taxman 464 / 209 DTR 57 / 324 CTR 129 (Bom.)(HC)
S. 144B : Faceless Assessment-Natural justice-Order passed without considering the reply filed by the assessee-Order and consequential demand notice was set aside-Strictures-Officers are not truthful in filing their affidavit-Directed to circulate copy of this order to Commissioner of income-tax (Judicial) Mumbai and also to all Commissioner (Judicial) in the Country-Department to be truthful and accept their mistakes instead of filing false affidavit. [S. 156, Art. 226]
Zeus Housing Company v. UOI (2022)441 ITR 666 (Bom.)(HC)
S. 144B : Faceless Assessment-Natural justice-Proper opportunity of personal hearing not given-Matter remanded. [S. 143(3), Art. 226]
Pankaj v. NEAC (2022) 441 ITR 502 (Bom.)(HC)
S. 144B : Faceless Assessment-Draft assessment order and notice -Reply not considered-Request for personal hearing not considered -Non-application of mind by Assessing Officer- Order and consequential demand was set aside-Matter Remanded-Strictures-Assessing Officer was directed to pay Rs. 10,000 as donation from his personal account to P.M. Care Fund. [S. 156, 270, Art. 226]
Milestone Brandcom Pvt. Ltd. v NFAC (2022) 441 ITR 470 (Bom.)(HC)
S. 144B : Faceless Assessment-Natural Justice-Order passed without issuing show cause notice and draft assessment order-Order was quashed and set aside. [S. 143(3), 144B(1)(xvi), Art. 226]
Golden Tobacco Ltd. v. NFAC (2022) 442 ITR 204/284 Taxman 292 (Bom.)(HC)