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. 158BFA : Block assessment–Penalty–Limitation-Pursuant to supreme Court’s order deciding quantum of appeal in favour of revenue–Dormant penalty proceedings were reinitiated–Order is not barred by limitation–Order of Tribunal was merged with the order of the Supreme Court. [S. 158BFA(3)(c), 253, 271(1)(c), 275]
S. Ajit Kumar. v. ACIT (2019)419 ITR 260/ 266 Taxman 380/ 184 DTR 449 /(2020) 314 CTR 687(Mad.)(HC)
S. 148 : Reassessment–Jurisdiction-Deputy Commissioner had jurisdiction to issue notice–Petition dismissed. [S.147,Art. 226]
Epson India P. Ltd. v. ACIT (2019) 418 ITR 267/ 311 CTR 925 (Karn.)(HC)
S. 148 : Reassessment–Notice–Issue of notice prior to recording of reasons for reopening of assessment is held to be without jurisdiction–Deserves to be quashed–Defects could not be cured by invoking S.292B of the Act. [S. 147, 292B ]
PCIT v. Tata Sons Ltd. (2019) 267 Taxman 13 (Bom.)(HC),Editorial:PCIT v. Tata Sons Ltd. (2022)449 ITR 166 (SC), affirmed .
S. 147 : Reassessment–Agricultural income-Advisory issued by the department–Verify the income-Undisclosed income-No tangible material-Reassessment is held to be bad in law. [S. 2(IA), 148, Art. 226]
Ravindra Kumar (HUF) @ Rabindra Kumar (HUF) v. CIT (2019) 419 ITR 308/ 266 Taxman 506/ 311 CTR 912 / 184 DTR 315(Patna) (HC)
S. 147 : Reassessment–Fishing enquiry–Information from intelligence wing-Builder-Make detailed enquiry-Reassessment is held to be bad in law. [S. 28(i), 148, Art. 226]
Giriraj Enterprises v. ACIT (2019) 174 DTR 409 / 102 taxmann.com 188 (Bom.)(HC)
S. 147 : Reassessment–After the expiry of four years-Information by Investigation wing–Accommodation entries-Pravin Kumar Jain-One of the beneficiary–Reassessment is held to be valid [ S.69, 132(4), 148, 151, Art. 226]
Meghavi Minerals (P.) Ltd. v. CIT (2019) 267 Taxman 1 (Guj.)(HC)
S. 147 : Reassessment-After the expiry of four years-Facts was disclosed to the Assessing Officer in the original assessment proceedings–No new material–Reassessment based on change of opinion-Held to be not valid. [S. 12A, 148, Companies Act 1956, S. 25]
CIT v. Pentafour Software Employees’ Welfare Foundation. (2019) 418 ITR 427 / 267 Taxman 46 / 183 DTR 385/ ( 2020) 312 CTR 35 (Mad.)(HC)
S. 144C : Reference to dispute resolution panel–Failure to consider objection-Failure of statutory authority to exercise its jurisdiction and non-application of mind-Amenable to writ jurisdiction-Matter remanded to DRP. [S. 9(1)(vi), Art. 226]
P. D. R. Solutions Fzc. v. DRP (2019) 418 ITR 277 /( 2020) 186 DTR 93/ 313 CTR 160(Delhi)(HC)