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. 153C : Assessment-Income of any other person-Search-No incriminating material is found-Addition is not valid [S.132, 153A]

Krishna Murari Choudhary v. ACIT, (2024) 111 ITR 262 (Ranchi)(Trib.)

S. 153A: Assessment-Search-Unexplained expenditure-Payment of commission-Bogus sales-Gross profit offered to tax-Gross profit is available to set off-Unaccounted advances paid to employees-Only remaining amount is taxable-Stock-Valuation at average rate of method is acceptable-Addition is deleted-Undisclosed income is accepted-Further addition towards purchases is not justified. [S. 69, 69C, 132, 133]

Seo Lehenga House v Dy. CIT (2024) 111 ITR 681 (Chd)(Trib)

S. 153A-Assessment-Search-Unabated assessment-No incriminating material-Addition is not valid.[S. 132]

ACIT v. Dynamic Infraplanners Pvt. Ltd. (2024) 112 ITR 174 (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Beyond three years-Specified Authority-Sanction by Principal Commissioner of Income Tax-Reassessment notice and order is bad in law.[S.148, 148A(b), 148A(d), 151(ii)]

Parinee Housing Pvt. Ltd v. Dy. CIT (Mum)(Trib)

S. 148 : Reassessment-Notice-Additional ground-Legal issue-Time for issue notice under Section 143(2) against original return had not lapsed-Reassessment notice is bad in law-Limitation-Time-limit to be reckoned from date of return whether filed under Section 139(1) or 139(5) or in response to notice under section 142(1). [S. 139(1),139(2),139(5), 142(1), 143(2) 147]

Ubmc Trust Association v. ITO (E) (2024)111 ITR 66 (SN)(Bang)(Trib)

S. 147 : Reassessment-Substantial difference in consideration shown on registered sale deed and sale agreement-Reassessment is valid-Cash credit-Unexplained investment-Source is established-Addition is deleted.[S. 68,69, 148]

Geeta Devi Sharma (Smt.) v. ITO (2024) 111 ITR 106 / 159 taxmann.com 483 (Jaipur)(Trib.)

S. 147 : Reassessment-With in four years-No specific query was raised in the course of original assessment on which the reassessment is initiated-Reassessment is valid-Electrical installations-Entitle to depreciation at 15%-On merits additions are set aside to the file of Assessing Officer. [S. 2(47), 14A, 32, 40(a)(i), 148]

Mahindra Holidays & Resorts Ltd v. DCIT (LTU) (2024) 112 ITR 582 (Chennai)(Trib.)

S. 147 : Reassessment-No addition is made on the basis of recorded reasons-Reassessment is bad in law-The AO lacks jurisdiction to make independent addition-Limited scrutiny-Not obtaining approval for converting limited scrutiny in to complete scrutiny-Order is not valid. [S. 2(22)(e), 143(3), 148]

Pioneer Carbon Co Pvt. Ltd. Bhilai v. ITO, (2024) 111 ITR 409 (Raipur)(Trib.)

S.147: Reassessment-After the expiry of four years-Cash credits-Accommodation entries-Objection is not disposed-Information from ADGIT Investigation (OSD)-The addition made without enquiry and without application of mind-Reassessment is quashed. [S.143(1) 148]

R. S. Darshan Singh Motor Car Finance P. Ltd. v. ITO (2024) 112 ITR 158 (Kol)(Trib.)

S. 145 : Method of accounting-Books of account-Rejection of estimation of profits-Rejection of books of account is held to be not justified. [S. 44AB, 145(3)]

Mahavir Dyeing and Printing Mills P. Ltd. v. Asst. CIT (2024)111 ITR 53 (SN)(Surat) (Trib)