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. 147 : Reassessment-Unaccounted on-money in cash-Date of payment as 5-11-2013-No addition can be made for the relevant assessment year.[S.69 , 148]

Lalit Premchandani v. ITO (IT& TP) (2023) 203 ITD 416 (Indore) (Trib.)

S. 147 : Reassessment-Share application-Accommodation-No proof of service of reasons recorded being supplied to assessee, reassessment-Reassessment is quashed-Information in his possession, in form of tangible material from Directorate of Investigation (DDIT) during third-party search that income of assessee had escaped assessment-Non-existence of a particular entity-Succession to business otherwise than on death-[S. 68, 148, 153C, 170, 292B]

DCIT v. Bhawna Computers (P.) Ltd. (2023) 203 ITD 330 /108 ITR 351/ (2024) 228 TTJ 450 (Mum) (Trib.)

S. 147 : Reassessment-Income deemed to accrue or arise in India-Interest-Failure to deduct tax deduct at source-Redemption premium paid-Income had not arisen in India in hands of recipient/non-resident and there was no obligation on part of BFL to deduct tax at source on payment of interest-Re assessment is quashed. [S. 5(2), 6, 9(1(vi) 148, 201(IA)]

Citicorp Trustee Company Ltd. v. DCIT (IT) (2023) 203 ITD 421 (Mum) (Trib.)

S. 147 : Reassessment-With in four years-Change of opinion-Scientific research expenditure-No new material-Reassessment is quashed.[S. 35(2AB), 143(3), 148]

Bharat Electronics Ltd. v. ACIT, LTU (2023) 203 ITD 532 (Bang) (Trib.)

S. 145 : Method of accounting-Fall in profit-Detailed explanation is furnished-Estimate profit rate at 4 per cent without rejecting books of account was not in accordance with law.

Kunan Mal Kalu Ram Jain and Co. v. ITO (2023) 203 ITD 182 (Jaipur) (Trib.)

S. 145 : Method of accounting-Undervaluation of stock-Fall in GP-Allegations made by Special Auditor-Rejection of books of account is unjustified.

DCIT v. Amrit Banaspati Company Ltd. (2023) 203 ITD 230 /226 TTJ 137 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Direction issued by DRP is binding on the Assessing Officer.[S.144C(10)]

Golden State Capital Pte. Ltd. v. DCIT (IT) (2023) 203 ITD 303 /229 TTJ 290 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Delay in filing object against draft assessment order-Appeal filed against draft assessment order is not maintainable-No power under section 144C for DRP to condone delay in filing objections either before it or before Assessing Officer. [S. 92CA, 144C(1), 144C(2b)(ii), 144C(3), 253 (1)]

Kandla Energy and Chemicals Ltd. v. ACIT (2023) 203 ITD 190 /(2024) 229 TTJ 108 (Rajkot) (Trib.)

S. 143(2) : Assessment-Notice-Order passed without issuing the notice-Bad in law-Estimate of income is deleted. [S. 148 , 292BB]

Major Suresh Yadav. v. ITO (2023) 203 ITD 66 (Delhi) (Trib.)

S. 115JB : Company-Book profit-Revaluation of lands-Merger-Clause (J) in Explanation 1 to section 115JB(2), would be applicable from assessment year 2013-14 onwards only and thus, Assessing Officer was not correct in invoking clause (J) of Explanation 1 and making adjustments in book profits on account of revaluation of lands in profit and loss account for assessment years 2011-12 and 2012-13.

DCIT v. Takshashila Gruh Nirman (P.) Ltd. (2023) 203 ITD 131 /2024) 228 TTJ 890 (Ahd) (Trib.)