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. 153A : Assessment-Search-No fresh material was discovered during search and seizure proceedings-Deletion of addition is held to be justified. [S.132]

PCIT v. Amita Garg (Smt.) (2020) 114 taxmann.com 551 (Delhi) (HC) Editorial: SLP is granted to the revenue PCIT v. Devi Das Garg (2020) 270 Taxman 17 (SC)

S. 153A : Assessment-Search-Completed assessment could not be abated unless some incriminating evidence or material was found during search qua additions made by Assessing Officer. [S. 132]

PCIT v. Caprihans India Ltd. (2020) 114 taxmann.com 103 (Bom.) (HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Caprihans India Ltd. (2020) 269 Taxman 385 (SC)

S. 153A : Assessment-Search-No incriminating material was found-Addition is held to be not valid. [S. 132]

PCIT v. Gahoi Dal & Oil Mills (2020) 117 taxmann.com 117 (MP)(HC) Editorial : SLP is granted to the revenue, PCIT v. Gahoi Dal & Oil Mills (2020) 272 Taxman 521 (SC)

S. 148 : Reassessment-Notice-Notice was not issued at last known address of assessee-Participated in reassessment proceedings despite not having been issued or served with notice under section 148 in accordance with law would not constitute a waiver of said jurisdictional requirement-Reassessment is bad in law. [S. 147, 292BB]

PCIT v. Atlanta Capital (P.) Ltd. (2020) 119 taxmann.com 292 (Delhi)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect. PCIT v. Atlanta Capital (P.) Ltd. (2020) 274 Taxman 224 (SC)

S. 148 : Reassessment-Notice-Issue of notice in the name of dead person-Notice was quashed. [S. 131(IA), 147, 159, 292BB, Art. 226]

Durlabhai Kanubhai Rajpara v. ITO (2020) 114 taxman.com 481 (Guj.)(HC) Editorial : SLP of revenue is dismissed, (2020) 270 Taxman 9 (SC)

S. 148 : Reassessment-Recorded reasons not furnished-Reassessment is bad in law. [S.147]

CIT v. National Organic Chemical (2020) 115 taxmann.com 244 (Bom.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. National Organic Chemical CIT v. National Organic Chemical (2020) 272 Taxman 530 (SC)

S. 147 : Reassessment-Change of opinion-Manufacturing business-Loss on sale of shares-Business loss or capital loss-Reassessment was quashed on the ground of change of opinion. [S. 28(i), 45, 148]

PCIT v. Atul Ltd. (2020) 119 taxmann.com 286 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Atul Ltd. (2020) 274 Taxman 230 (SC)

S. 147 : Reassessment-Business expenditure-Royalty-Reassessment was quashed on the ground that the AO could not have revisited the same issue on the pretext that a binding decision was overlooked. [S. 37(1), 148]

PCIT v. Moser Baer India Ltd. (2020) 114 taxmann.com 548 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Moser Baer India Ltd (2020) 270 Taxman 4 (SC)

S. 147 : Reassessment-Change of opinion-Operational expenses-No new facts-Reassessment is held to be not valid. [S. 147]

PCIT v. Zee Media Corporation Ltd. (2020) 114 taxmann.com 192 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Zee Media Corporation Ltd. (2020) 270 Taxman 180 (SC)

S. 147 : Reassessment-Method of accounting-Estimation of profit-Reassessment is held to be not valid. [S. 145, 148]

PCIT v. Ganga Glazed Tiles (P.) Ltd. (2020) 117 taxmann.com 107 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Ganga Glazed Tiles (P.) Ltd (2020) 272 Taxman 13 (SC)