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. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction of AO of person in respect of whom search conducted that document seized belonged to some other person—Satisfaction not discernible from satisfaction note—Notice is held to be invalid. [S.132, 132(4A), 292C]
PCIT v. Himanshu Chandulal Patel (2019) 419 ITR 132 / 267 Taxman 305 (Guj.)(HC)
S. 153C : Assessment-Income of any other person-Search and seizure –Cash credits – Addition made not on material seized during search – Unsustainable. [S. 68 132, 153A]
PCIT v. Ankush Saluja (2019)419 ITR 431 (Delhi) (HC)
S. 151 : Reassessment-Sanction for issue of notice–Notice-Sanction of Additional commissioner instead of Joint Commissioner-Joint Commissioner includes an Additional Commissioner-Notice is held to be valid. [S. 2(28C), 147, 148]
Vikram Singh v. CIT (2019) 267 Taxman 380 / 111 taxmann.com 119 (SC) Editorial : SLP of assessee is dismissed; Vikram Singh v. CIT (2019) 267 Taxman 380 (SC)
S. 148 : Reassessment–Notice issued in name of legal heirs–Held to be valid. [S. 147]
S.M. Sarveswaran (HUF) v. ITO (2019) 267 Taxman 542 / (2020) 195 DTR 46(Mad.)(HC)
S. 147 : Reassessment–With in four years-Failure to disclose material facts-Fails to challenge the reopening at the appropriate time before the Court-Not entitled to seek such indulgence, after allowing the Officer to pass the order of assessment-Writ Court cannot sit as an Appellate Authority and decide the merits of the assessment-Writ is held to be not maintainable. [S. 148, Art.226]
Doosan Bobcat India Pvt. Ltd. v. DCIT (2019) 184 DTR 393 / (2020) 312 CTR 257 (Mad.)(HC)
S. 147 : Reassessment-Change of opinion-Business expenditure-Technical know how-Depreciation-TP adjustments were made in the original assessment proceedings-Reassessment is held to be not valid. [S. 32(1)(ii), 37(1)]
CIT v. Hyundai Motor India Ltd. (2019) 267 Taxman 200 (Mad.)(HC)
S. 147 : Reassessment—Change of opinion-Original return processed by intimation No failure to disclose truly and fully all material and no new tangible material available with AO Reassessment is held to be not valid. [S. 143(1), 143(3), 148]
Tenzing Match Works v. Dy. CIT (2019) 419 ITR 338 (Mad.)(HC)
S. 147 : Reassessment-Capital gains-Year of taxability-Transfer of land under Development agreement-Amounts received offered to tax as capital gains and assessed for AY. 1999-2000 up to 2003-04-No adjudication regarding date of effective transfer of land- Reassessment is valid–Tribunal while granting the relief ought to have granted consequential reliefs-AO is directed to give relief for AY.1999-2000 to 2003-04. [S.45, 148, 154, 254(1)]
C. Venkatachalam (HUF) v. ACIT (2019)419 ITR 204 / (2020) 196 DTR 352 /317 CTR 908 (Mad.) (HC) C. Sudarsana Srinivasan (HUF) v. ACIT (2019) 419 ITR 204 / (2020) 196 DTR 352/ 317 CTR 908(Mad.) (HC)
S. 147 : Reassessment-Bogus transactions-Accommodation entries-bogus long term capital gains-Sale of shares-Report by investigation wing–Search of third person-Reasons can be explained further in affidavit-Reasons Can Be Explained Further In Affidavit—Notice of reassessment is held to be valid. [S. 45, 148, 153A(1)(b), Art. 226]
Purnima Komalkant Sharma v. Dy. CIT (2019)419 ITR 361 (Guj.)(HC)
S. 147 : Reassessment-Report of Investigation wing of Income-Tax Department-AO analysing report and forming belief that income had escaped assessment-Reassessment notice is valid. [S.148, Art. 226]
Hemjay Construction Co. Pvt. Ltd. Through Deenaben Yogeshbhai Shah v. ITO (2019)419 ITR 39 /311 CTR 413/ 183 DTR 113(Guj.)(HC)