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-Creditworthiness-Subsequently converted into share capital-Change of opinion-Reassessment notice and order disposing the objection is quashed and set aside by the High Court-SLP of Revenue is dismissed due to low tax effect. [S. 148, Art. 136]

ACIT v. Gujarat Television (P.) Ltd. (2024) 298 Taxman 193 (SC) Editorial: Gujarat Television (P.) Ltd(2018) 94 taxmann.com 400 (Guj)(HC)

S. 147 : Reassessment-After the expiry of four years-Cash credits-Partners capital account-No satisfaction was recorded-Reassessment notice and order disposing the objection quashed by the High Court is affirmed-SLP of revenue is dismissed. [S. 68, 148, Art. 136]

ITO v. Dhirajlal Gandalal Mehta (2024) 298 Taxman 351 (SC) Editorial : Dhirajlal Gandalal Mehta v.ITO(2024) 160 taxmann.com 313 (Guj)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Capital or revenue-Advertisement and sales promotion expenses-Reassessment notice was quashed-SLP of Revenue is dismissed.[S. 37(1), 148 Art. 136]

ACIT, LTU v. Asian Paints Ltd. (2024) 298 Taxman 752/ (2024)466 ITR 262(SC) Editorial: Asian Paints Ltd v. ACIT (2022) 285 Taxman 65/(2024)466 ITR 273 (Bom)(HC)

S. 145 : Method of accounting-Books of account not rejected-Income cannot estimated without rejecting the books of account.[S. 132, 144,145(3), 153A]

PCIT v. Forum Sales (P.) Ltd. (2024) 298 Taxman 533/468 ITR 392 (Delhi)(HC)

S. 139 : Return of income-In valid return-Tax audit-Business of profession-Order is set aside and matter remanded to the Assessing Officer. [S.139(9) Art. 226]

Srijan Capital Advisors LLP v. ACIT (2024) 298 Taxman 495 (Karn)(HC)

S. 139 : Return of income-Delay in filing of return-Dedcution of tax at source-Refund-Genuine hardship-COVID-19-Court held that genuine hardship and it should receive a liberal construction-Court held that this being a case of genuine hardship caused to assessee, delay-Order rejecting condonation of delay application is quashed. [S.54, 119(2)(b), Art. 226]

Shri Nivas v. CIT (IT) (2024) 298 Taxman 400 (Mad.)(HC)

S. 132B : Application of seized or requisitioned assets-Cash seized-Shall release-Assessing Officer is directed to decide application of assessee and if nature and source of cash seized was duly explained, such refundable amount would attract liability of interest under section 132B(4) read with Matter remanded. [S. 132, 132(4), Art. 226]

Dipak Kumar Agarwal v. Assessing Officer (2024) 298 Taxman 587 / 466 ITR 419/ 338 CTR 668 (All.) (HC)

S. 119 : Central Board of Direct Taxes-Charitable Trust-Delay in filing Form No 10B-Delay of 1257 days-Oversght by the Chartered Accountant-Human error lacking any malafide intention-Delay was not intentioanal or deliberate-Assessee could not be prejudiced on account of an ignorance or error commistted by professional engaged by it-Delay is condoned. CIT(E) is directed to proceed with the return in accordance with law. [S.11, 119(2) Form No 10B, Art, 226]

Al Jamia Mohammediyah Education Society v. CIT (E) (2024) 298 Taxman 650 /339 CTR 572 (Bom.)(HC)

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Order passed without considering relevant statutory provisions as will as judgements of various High Courts-Matter remanded to back to TPO for reconsideration in accordance with law.[Art. 226]

Wipro Enterprises (P.) Ltd v. Dy.CIT (2024) 298 Taxman 155 (Karn)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Inconistent finding-Matter remanded to the Tribunal for considering appeal afresh.[S. 254(1),254(2, 260A]

Haier Appliances India (P.) Ltd v. Dy.CIT (2024) 298 Taxman 228 (Delhi)(HC)