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. 142(2A) : Inquiry before assessment-Special audit-Natural justice-Search and Seizure-Directions were neither arbitrary, illegal nor beyond the scope of the provision- Period during which the petitions remained pending shall be excluded while counting the period prescribed in the proviso to section 142(2C) of the Act. [S.14A, 142(2C), Art. 226]
Dishman Infrastructure Ltd. v. ACIT (2021) 437 ITR 487 / 206 DTR 65/ 323 CTR 39 / 129 taxmann.com 344 (Guj.)(HC)Editorial: SLP is dismissed Dishman Infrastructure Ltd. v . ACIT ( 2022) 285 Taxman 192// 443 ITR 227 (SC)
S. 142(2A) : Inquiry before assessment-Special audit-Hearing provided-Order directing special audit sustainable. [Art. 226]
JP Jai Land and Building Promoters P. Ltd. v. CIT (2021) 438 ITR 80/ (2022) 285 Taxman 193 (Mad.)(HC)
S. 142(1) : Enquiry before assessment-Natural justice-lockdown in State due to covid-19 pandemic-Large number of documents-Failure to reply-Order was set aside. [S. 143(3), Art .226]
Ghanshyam Das Gupta v. ACIT (2021) 439 ITR 511/ 282 Taxman 161/ 204 DTR 97/ 321 CTR 522 (Delhi) (HC)
S. 132B : Application of seized or requisitioned assets-Authorised Officer can retain seized assets only for fifteen days-Seized Assets must be handed over to Assessing Officer having jurisdiction over the assessee within fifteen days-Adjustment of liability out of seized assets-Liability must be determined on completion of assessment-No adjustment before completion of assessment-Kar Vivad Samadhan Scheme would stand revived [S. 132, 132 (9A), Kar Vivad Samadhan Scheme 1988].
Dr. R. P. Patel v. ADIT (Inv.) (2021)438 ITR 53 / ( 2022) 210 DTR 62/ 324 CTR 547 (Ker.)(HC)
S. 132 : Search and Seizure-Power to seize articles-Stock in trade Seizure cannot be made on mere suspicion-Explanation of assessee must be considered-Seizure was held to be illegal-Department was directed to pay interest of Rs. 1 lakh on market value of seizure of stock in trade. [S. 132(1)(iii), 132(4), Art. 226]
Harshvardhan Chhajed v. DGIT (Inv.) (2021) 438 ITR 68/ 206 DTR 97/ 322 CTR 723 (Raj.)(HC)
S. 115JB : Book profit-Write back of provision-Disputed excise duty-The denial of the benefit of writing back the provision to the assessee in these assessment years was illegal and the finding recorded by the Tribunal was valid and correct. [S.143(3)]
CIT v. Kerala Chemicals and Proteins Ltd. (2021) 438 ITR 333 (Ker.) (HC)
S. 92CA : Reference to transfer pricing officer-Alternative remedy-Writ is not maintainable-Corporate service-The order passed by the Tribunal in respect of reference made against an order passed under section 92CA for a particular assessment year was not binding for the subsequent assessment years. [S. 144C, 253, Art. 226]
Bonfiglioli Transmission Pvt. Ltd. v. Dy.CIT (2021) 437 ITR 251 (Mad.)(HC)