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
Click here to download the pdf versions of the Digest of case laws
S. 153D : Assessment-Search-Approval-Addl. CIT is granted approval to the draft assessment order-No approval for income determined in the draft assessment order and assessment determined in the assessment order-Remanded to get the approval of the Addl. CIT and to proceed in accordance with law. [S. 153A]
Bibhudutta Panda v. ACIT (2023) 222 TTJ 273 (Cuttack)(Trib)
S. 153D : Assessment-Search-Approval-Without application of mind-Without going through the records-Orders as ab-initio void and quashed-No addition can be made in the case of concluded assessments without any incriminating materials found during the search. [S. 132,153A]
ACIT v. M. Ahjuja Project (India) (P) Ltd (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. M. R. Agriculture (P)Ltd (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. Mahendra Ahuja (2023) 222 TTJ 561 (Indore)(Trib) ACIT v. Roma Ahuja (Smt) (2023) 222 TTJ 561 (Indore)(Trib)
S. 153A: Assessment-Search-Issue of notice under section. 143(2)-No pendency of assessment-Not a mandatory requirement for making assessment under section 153A-Sundry creditors-Returned after search action-Deletion of addition by CIT(A) is not valid-Matter remanded to the Assessing Officer. [S. 68, 143(2)]
Asst. CIT v. Sunshine Infraestate (P.) Ltd [2022] 139 taxmann. com 60 / 221 TTJ 929 (TM) (All)(Trib.)
S. 153A: Assessment-Search-Limitation-Dispatch entry is absence in the assessment folder-Assessment order passed on a subsequent date is barred by limitation. [S. 142(1), 153B]
Bibhudutta Panda v. ACIT (2023) 222 TTJ 273 (Cuttack)(Trib)
S. 153A: Assessment-Search-No incriminating material is found-Addition is not justified. [S. 132]
Dy. CIT v. Mahavir Ashok Enterprises (P) Ltd (2023) 223 TTJ 947 (Raipur)(Trib)
S. 153 : Assessment-Reassessment-Limitation-Assessment order passed beyond time limit of 21 months for completion of assessment under section 153(1)-Void ab initio-Date on which appeal had been filed by assessee, should not be included in computing delay in filing appeal as appeal had reached Registry of Tribunal on said date. [S. 143(3) 253]
Marudhar Diamond (P) Ltd v. Dy. CIT(2023) 223 TTJ 999 / 150 taxmann. com 169 (Surat)(Trib)
S. 147 : Reassessment-Recorded reasons-Un explained cash credits-Addition is made on commission income-Issue is not subject matter of notice under section 148-Reassessment order is quashed. [S. 37(1), 68,148]
Revera Milk & Foods (P) Ltd v. ITO (2023) 223 TTJ 821 (Mum)(Trib)
S. 147: Reassessment-Notice to verify the deposits and withdrawals-Reassessment is bad in law. [S. 148]
Lalchand Mehrumal Jagwani v. ITO (2023) 221 ITR 273 (Pune)(Trib)
S. 147 : Reassessment-Notice is issued by the Assessing Officer who had no jurisdiction-Reassessment is bad in law-Additional grounds-Question of law is admitted. [S. 2(7A), 120, 124(3), 143(3), 148]
Adarsh Rice Mill v. ITO (2023) 222 TTJ 390 / 227 DTR 7 (SMC) (Raipur) (Trib)
S. 147 : Reassessment-Alleged bogus long term capital gains-Sale of shares-Information from Investigation Wing-Non application of mind-Reassessment is quashed. [S. 10(38), 45]
Sudesh Rani (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib) Ritu Garg (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib) Urmila Rani (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib)