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. 144C : Reference to dispute resolution panel-Eligible assessee-Draft assessment order-Assessing Officer passing final assessment without passing a draft assessment order-Final assessment order invalid.[S.144C(13)]

Marriott International Inc. v. Dy. CIT (IT) (2024) 110 ITR 714 (Mum) (Trib)

S. 144C : Reference to dispute resolution panel-International Transactions-Eligible assessee-Remand by Tribunal with direction to consider additional ground raised by assessee-Assessing Officer passing final assessment order without passing order is void ab initio.[S. 254(1)]

Marriott International Inc. v. Dy. CIT (2024) 110 ITR 632 (Mum)(Trib)

S. 144B : Faceless Assessment-Limitation-Eligible assessee-Directions of Dispute Resolution Panel-Date of uploading of order of Panel on ITBA Portal is deemed date of receipt by National E-Assessment Centre-Limitation to be reckoned from that date-Due date for framing final assessment order not automatically extended-Barred by limitation. [S.130, 144B(5) 144B(6)((v), 144C(13), Information Technology Act, 2000, S. 13]

Microsoft Corporation (India) P. Ltd. v. Dy. CIT (2024)110 ITR 69 (SN)(Delhi)(Trib)

S. 143(3): Assessment-Income from undisclosed sources-Sundry creditors-No discrepancy in purchase of gods or payment-Purchases and sales accepted-Entire addition of opening balance in sundry creditors is deleted. [S.133(6), 143(2)]

Rameshwar Shaw v. ITO (2024)110 ITR 33 (SN) (Kol)(Trib)

S. 143(3) : Assessment-Protective assessment-Lack of confirmation from parties sourcing funds for land purchase-Subsequent substantive assessment in hands of payers becoming final-Addition of same amount in hands of assessee is invalid.[S.69C, 153A]

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 /231 TTJ 641 (Ranchi)(Trib) ACIT v. Suresh Kumar Agarwal (2024)) 110 ITR 180/231 TTJ 641 (Ranchi)(Trib)

S. 143(3) : Assessment-Search And Seizure-Unexplained cash credits-Creditworthiness, genuineness and identity proved-No evidence available for creditors in other assessment years from 2014-15 to 2018-19-Additions are deleted.[S.68, 132]

Bee Pee Rollers P. Ltd. v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Re-Rollers P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Steel Industries P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib)

S. 143(2) : Assessment-Notice-Additional ground-Notice issued by Assessing Officer not having required Jurisdiction-Assessment order is quashed.[S. 143(3)]

Monarch And Qureshi Builders v. Asst. CIT (2024) 110 ITR 76 (Mum)(Trib)

S. 143(1) : Assessment-Intimation-Prima facie adjustments-Additional ground-Appellate Tribunal-Additional ground is admitted-Assessing Officer is duty-bound to intimate either in writing or in Electronic mode before making any adjustment or disallowance to returned income-No intimation is given-Order is quashed. [S.254(1)

Onkar Society for Engineering and Technological Research v. ITO (2024) 110 ITR 393 (Kol)(Trib)

S. 139 : Return of income-Carry forward of loss-Return is filed within time-CIT(A) is recording wrong date-The Assessing Officer is directed to carry forward the loss. [S.139(1), 139(4), 139(5)]

Paytm First Games P. Ltd. v. ACIT (2024) 110 ITR 11 (SN)(Delhi)(Trib)

S. 133A :Power of survey-Statement in the course of survey-Bogus purchases-Statement was retracted within six days-Assessment based solely upon statement of one partner could not be sustained-Without rejecting books of account no addition can be made as bogus purchases-The acceptance by the assessee of the addition in one assessment year could not lead to a conclusion that in all these assessment years, the assessee had inserted bogus purchases in a similar way-Reassessment is valid. [S. 131, 131(IA),133, Evidence Act, 1878, S 31]

Yashaswi Fish Meal and Oil Co. v. Dy CIT (2024) 110 ITR 530 (Bang)(Trib)