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. 144B :Faceless Assessment-Principle of natural justice-Opportunity of hearing-Assessment order had been passed five days after last date fixed that too without conducting any proceeding involving assessee, assessment-Order is set aside.[Art. 226]

GHH India Mining and Tunnelling Equipment (P.) Ltd. v. PCIT (2024) 299 Taxman 519 / 466 ITR 363 (All.)(HC)

S. 144B; Faceless Assessment-Principle of natural justice-Opportunity of hearing-Matter remanded.[Art. 226]

Ara India LLP v. NFAC 2024) 299 Taxman 538 (All.)(HC)

S. 143(3): Assessment-Ex-parte order-Change of address-Notice is served by affixing in old address-Order is set aside-Matter remanded-Directed to the Assessing Officer to serve copy of notice to new address and, thereafter affording an opportunity to assessee, pass a fresh order.[S.127, 147, 148, Art. 226]

Poddar Real Estates (P.) Ltd. v. ITO (2024) 299 Taxman 183 (Cal.)(HC)

S. 143 :Assessment-Reassessment-Interest from providing credit facilities to its members and also interest on fixed deposit-Alternative remedy-Writ petition is dismissed.[S.80P, 148, Art. 226]

Telco Co-operative Society Ltd. v. CIT (2024) 299 Taxman 477 (Jharkhand)(HC)

S. 143(3) : Assessment-Reassessment-After the expiry of four years-Unexplained money-search-Cash payment-Peak amount-Unaccounted investment-Alternative remedy-Writ petition is dismissed.[S. 69A. 115BBE, 143(3), 147, 148, Art. 226]

Rameshbhasi Jivrajbhai Desai v. Dy. CIT (2024) 299 Taxman 287 (Guj.)(HC)

S. 139A : Permanent account number-Same number is allotted to another person-Income-tax Department was to be directed to forward a letter to CIBIL/other credit information companies informing about issuance of same PAN to assessee as well as to other person. [Art. 226]

Sushil Kumar Verma v. UOI (2024) 299 Taxman 250 (MP)(HC)

S. 132 : Search and seizure-Satisfaction note did not disclose any information which the authorities to have reason to believe were satisfied-Search and seizure action is quashed-Revenue may utlise the information or material in such proceedings as they may be so advised and to utilise the information or material in such proceeding against the assesse as is permissible in law. [S. 132(1)(a) to (c), Art. 226]

Echjay Industries (P.) Ltd. v. Rajendra (2024) 299 Taxman 432 /340 CTR 82 (Bom.)(HC)

S. 132 : Search and seizure-Freezing bank accounts-As per section 132(8-A), order of freezing bank accounts could not remain in force for a period exceeding sixty days from date of order.[S. 132(3), 132(8A), Art. 226]

Pooja Trading Co. v. Dy. DIT (Inv.) (2024) 299 Taxman 534/338 CTR 842 (Delhi)(HC)

S. 120 : Jurisdiction-Search and seizure-Third party-Not connected with the assessee-No cause of action-Writ petition is dismissed. [Art. 226]

B. Ramamoorthy v. DGI(Vigilance) (2024) 299 Taxman 468 (Mad.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Return-Condonation of delay-Illness of accountant-Reasonable cause-Genuine hardship-Delay is condoned-Order of CBDT is set aside-Directed to file the return within 15 days. [S.119(2)(b), 139 (1), 139(4), Art. 226]

Anmol Feeds (P.) Ltd. v. UOI (2024) 299 Taxman 269 (Cal.)(HC)