S. 147 : Reassessment-Export business-No new material-Notice under direction of Commissioner-Reassessment is held to be not valid. [S. 80HHC, 148]
CIT v. Narcissus Investments P. Ltd. (2019) 417 ITR 512/182 DTR 73/ (2020) 314 CTR 833 (Bom.)(HC)S. 147 : Reassessment-Export business-No new material-Notice under direction of Commissioner-Reassessment is held to be not valid. [S. 80HHC, 148]
CIT v. Narcissus Investments P. Ltd. (2019) 417 ITR 512/182 DTR 73/ (2020) 314 CTR 833 (Bom.)(HC)S. 147 : Reassessment–With in four years-Report of investigation wing showing over valuation of shares–Original assessment u/s. 143(1)–Notice on the ground of over valuation shares is held to be valid. [S. 143(1), 143(3), 148]
Chetan Sabharwal. v. ACIT (2019) 418 ITR 8 / 310 CTR 690/181 DTR 313 (Delhi)(HC) Nitn Sabharwal v. ACIT (2019) 418 ITR 8 / 310 CTR 690/181 DTR 313 ( Delhi ) (HC)S. 147 : Reassessment-After the expiry of four years-Capital gains-Year of taxability-No new material–Reassessment is held to be not valid. [S. 45, 148]
Nilamben Sandipbhai Parikh v. ACIT (2019) 266 Taxman 191 (Guj.)(HC)S. 147 : Reassessment-After the expiry of four years-Furnishing all details in response to notices-Non-application of mind by assessing officer to materials produced at the time of original assessment-Reassessment is invalid. [S. 142(1), 143(2) 148, Art. 226]
Supra Estates India Pvt. Ltd. v. ITO (2019) 418 ITR 130/( 2020) 268 Taxman 88 (Bom.) (HC)S. 145 : Method of accounting–Valuation of stock–Goods ready for shipment had not been transferred-Declaration made in accordance with provision of sales tax is not relevant for the purpose of income-tax Act-Valuation of stock at cost or market price at the option of assessee-Held to be valid.
PCIT v. Jindal Stainless Ltd. (2019) 109 taxmann.com 144/ 266 Taxman 188 ( Delhi) (HC) Editorial: SLP of revenue is dismissed; PCIT v. Jindal Stainless Ltd. (2019) 266 Taxman 187 (SC)S. 145 : Method of accounting–Not maintaining of stock record-Rejection of books of account is held to be valid-CIT(A) has the power of enhancement after giving an opportunity of hearing-No substantial question of law.[S. 145(3), 251]
Deepak Rugs. v. CIT (2019) 418 ITR 179/ 310 CTR 135 / 180 DTR 141 / 267 Taxman 262 (All.) (HC)S. 142(2A) : Inquiry before assessment–Special audit–Complexity in accounts–Order to Special audit is held to be valid-Juristic person like a company cannot file a writ petition. [Art. 226]
Cama Hotels Ltd. v. Samir Vakil for his successor Dy. CIT (OSD) (2019) 418 ITR 109 / 182 DTR 129/ 311 CTR 537(Guj.)(HC)S. 80IB(10) : Housing projects- Condition that completion certificate must be obtained within four years from local authority -Amendment is not retrospective —Not applicable prior to 1-4-2005 – Order of Tribunal quashing the reassessment is held to be valid. [S. 147, 148]
PCIT v. Sahara States, Gorakhpur. (2019) 418 ITR 168 / 310 CTR 457/181 DTR 265 / 267 Taxman 130 (All.)(HC)S. 68 : Cash credits–Loan–Accommodation entries-Creditor admitting loan was not genuine–Retraction of admission after more than two years–No evidence was produced to prove genuineness of loan-Order of Tribunal is affirmed-No substantial question of law. [S. 131, 133A, 260A]
Swastik Realtors v. ACIT (2019) 418 ITR 1/ 267 Taxman 27 / 311 CTR 946/ ( 2020) 186 DTR 186(Bom.) (HC)S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Turnover did not exceed monetary limit prescribed under the Act for tax audit – Not liable to deduct tax at source-Disallowance cannot be made for failure to deduct tax at source. [S. 44AB, 194C]
PCIT v. Vijay S. Poojari (2019) 109 taxmann.com 212 / 266 Taxman 183 (Bom) (HC) Editorial : SLP of the revenue is dismissed; PCIT v. Vijay S. Poojari. (2019) 266 Taxman 182 (SC)