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. 143(3) :Assessment – Reassessment – Notice – Principle of natural justice – Alterative remedy – Non – existent company – Assessment order is up loaded – Cash deposits – Notices were served on assessee’s Chartered Accountant through e-mail Id which is registered by assessee with Income-tax Department – Writ petition is dismissed – Liberty is granted to assessee to appeal against assessment order made in pursuance of impugned notices on all grounds . [ S. 147, 148 , Art . 226 ]
Chowgule Industries (P.) Ltd. v. ACIT[2022] 142 taxmann.com 472 (Bom) ( HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Cash deposit-Demonetaisation-Sanction is mechanical without application of mind-CIT(A) deleted the addition-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S. 69A, 119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Samp Furniture (P.) Ltd. v. ITO (2024) 300 Taxman 452 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Surya Cotspin Ltd. v. PCCIT (2024) 300 Taxman 613 (P&H)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Venus Jewel v. Asst. CIT (2024) 300 Taxman 155 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Sprite Investment (P.) Ltd. v. UOI (2024) 300 Taxman 526 (Bom.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Royal Bitumen (P.) Ltd. v. Asst. CIT (2024) 300 Taxman 139 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]
Mettler Toledo India (P.) Ltd. v. Asst. CIT (2024) 300 Taxman 394 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Interim stay is granted. [S.119,120, 144B(7), 144B(8),,148, 148A(b), 148A(d), 151, Art.226]
Govind Singh v. ITO (2024) 300 Taxman 216 (HP)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 148A(b) 148A(d), 151, Art.226]
Sandeep Kumar Gupta v. UOI (2024) 300 Taxman 386 (P&H)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Interest on bonds/Debentures-Interest income received on NCDs is in nature of dividend-liable to be taxed in terms of section 115-O-Reassessment notice and order disposing the objection is quashed-DTAA-India-Luxemborg [S.9(1)(v), 115-O, 148, 148A(b), 148A(d), 194LD, Art. 11, Art. 226.]
Genpact Luxembourg S.A.R.L v. ACIT (2024) 300 Taxman 462 (Delhi)(HC)