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. 153C : Assessment-Income of any other person-Search-Time limit for initiation of proceedings-Legal grounds-Notice was issued on 11-1-2016-Six years for which proceeding under section 153C could have been initiated were assessment years 2015-16 to 2010-11-Assessing Officer had no jurisdiction to initiate proceeding under section 153C for assessment year 2008-09-Lack of jurisdiction-Assessment order is quashed.[S.132, 254(1), ITAT, Rule 27]
DCIT v. Suraj Ltd. (2024) 208 ITD 452/231 TTJ 822/242 DTR 137 (Ahd.)(Trib.)
S. 149 : Reassessment-Time limit for notice-Notice issued on 29-7-2022 for assessment year 2015-16-Last date for issuing notice under old provision was 31-3-2022,-Notice is barred by limitation.[S. 147, 148]
Purohit Food Products (P.) Ltd. v. ITO (2024) 208 ITD 407 (Mum) (Trib.)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained Moneys-Non-Resident-Erroneous facts-Reassessment order is quashed.[S.69A, 148, 148A(b)]
Jagadeesan Mani v. ITO, IT (2024) 208 ITD 641/114 ITR 92 (SN) (Mum) (Trib.)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Sanction-Income escaped less than Rs. 50 lakhs-Notice issued after three years-Income from other sources-Notice is void ab-initio. [S. 56(2)(vii)(b), 148, 148A(b), 148A(d), 149, 151]
Manish Jagdish Joshi v. CIT (2024) 208 ITD 432 (Mum) (Trib.)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Initiated as per the decision of UOI v. Ashish Agarwal (2022) 286 Taxman 183/ 444 ITR 1 (SC)-Assessing Officer treated initial section 148 notice as section 148A(b) notice as per Supreme Court decision-Reassessment order was passed without issuing fresh section 148 notice-Order is without jurisdiction and void ab initio. [S. 147, 148, 148A(b), 148A(d)]
Ranjit Singh v. ITO (2024) 208 ITD 19 (Amritsar) (Trib.)
S. 147: Reassessment-After the expiry of four years-Cash credits-Cash deposited in to bank-AIR information-Non application of mind by the Assessing Officer-Reasons recorded by Assessing Officer for reopening assessment were based on factual errors, reopening notice was void ab initio. Reassessment order is quashed. [S. 68, 143(3), 148]
Sukhvir Singh. v. ITO (2024) 208 ITD 97 (Amritsar) (Trib.)
S. 145 : Method of accounting-Whole sale food items-Estimation of net profit-Matter is remanded back to Assessing Officer to adjudicate afresh.
Ashok Anand Shetty v. ITO (2024) 208 ITD 714 (Mum) (Trib.)
S. 143(1) : Assessment-Intimation-Prima facie adjustment-Excise duty-Adjustment made by Assessing Officer under section 143(1) by including excise duty in turnover is not sustainable.[S.143(1)(a), 145A]
Kluber Lubrication India (P.) Ltd. v. DCIT (2024) 208 ITD 470/231 TTJ 329/ 241 DTR 113 (Bang) (Trib.)
S. 115-O : Domestic companies-Tax on distributed profits-Income-Deemed to accrue or arise in India-Dividend-DTAA does not get triggered when a domestic company pays DDT under section 115-O-Order of the AO rejecting the claim of refund of excess DDT is affirmed.-DTAA-India-Italy [S.9(1)(iv), Art. 11]
Piaggio Vehicles (P.) Ltd. v. ACIT (2024) 208 ITD 299 (Pune) (Trib.)
S. 115BAC : Tax on income of individuals and Hindu Undivided Family-Old scheme-New tax scheme and filed form 10-IE while filing revised return, requirement of filing Form 10-IE was directory in nature and not mandatory and it was sufficient compliance if said form was before Assessing Officer at time of assessment.[S.139(1), 143(1) R. 21AG(1), Form No 10-IE]
Harbans Singh v. AO, CPC (2024) 208 ITD 151 (Amritsar) (Trib.)