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 – Information from investigation wing -Borrowed satisfaction -Cash deposits -Reassessment order is set aside. [S. 143(3), 148]

Ujjala Suppliers P. Ltd. v. ITO [2024] 109 ITR 16 (SN)(Kol)(Trib)

S. 147: Reassessment – After the expiry of four years – No failure to disclose material facts -Reassessment is bad in law. [S. 148 149(1)(b)]

Dy. CIT v. Satya Securities Ltd. [2024] 109 ITR 700 (Mum) (Trib)

S. 145: Method of accounting -Addition cannot be made on account of Low GP.

Dy. CIT v. Kortek Electronics (India) Ltd. [2024] 109 ITR 276 (Delhi) (Trib)

S.144C: Reference to dispute resolution panel -Passing draft assessment order -AO passed final assessment order instead of draft assessment order -Invalid order -Order quashed. [S.92CA(3), 144C(4), 153]

Panasonic Life Solutions India (P.) Ltd. v. ACIT [2024] 205 ITD 139/ 227 TTJ 367 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel -Objection is filed before DRP after due date of time allowed for filing objections- AO should carry proceedings to finalize assessment order as per provisions of section -Assessment order was barred by limitation and treated as void. [S.92CA(3), 144C(4), 153]

Mavenir UK Holdings v. ACIT [2024] 205 ITD 1 (Delhi) (Trib)

S.143(3) :Assessment – Signing of an assessment order by Assessing Officer is a mandatory – Not curable procedural defect -Unsigned assessment order is invalid. [S. 282(2) 282A, 292B, Rule 127A, Code of Civil Procedure 1908, Order -XX Rule 3]

Reuters Asia Pacific Ltd. v. DCIT [2024] 205 ITD 31/ 228 TTJ 165 (Mum)(Trib)

S. 143(3): Assessment – Person -Amalgamation- The amalgamation of the assessee company with another entity leads to the cessation of the assessee company’s status as a legal entity under section 2(31) of the Act- Substantive illegality and not a procedural violation- Order is invalid. [S. 2(31)]

Solvent Real Estate P. Ltd. v. ITO [2024] 109 ITR 52 (SN.) (Kol) (Trib)

S. 143(3) : Assessment- Document Identification Number – Order passed manually without DIN, assessment order was to be treated as never been issued. [S. 271(1)(c)]

Sad Bhawna v. Dy. CIT [2024] 109 ITR 45 (SN) / 204 ITD 785 (Delhi)(Trib)

S. 143(3) : Assessment- Document Identification Number -Order without DIN – Order is set-aside. [S. 153C]

Sharda Devi Bajaj (Smt.) v. Dy. CIT [2024] 109 ITR 131/ 204 ITD 302 (Delhi)(Trib)

S. 143(3): Assessment -Survey -Statements recorded lack evidentiary value and cannot be relied upon as substantive evidence. [S.133A]

ITO v. Shubh Developers [2024] 109 ITR 61 (SN.)Ahd) (Trib)