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. 153A : Assessment-Search-Satisfaction-Computation of six. Assessment years-Absence of notice under section 153C-Actual date of receipts of books of account-Non issue of notice under section 153C-Within period of six assessment years-Not procedural irregularity-Jurisdictional illegality-Not curable provision. [ S. 132 143(3) 153C, 292B]
ACIT v. Dr. D.Y.Patil Education Society (2023) 224 TTJ 345 (Mum)(Trib)
S. 153A : Assessment-Search-Abated assessment-Addition is justified though no incriminating material is found.[ S. 132]
Dy.CIT v. Devi Iron & Power (P) Ltd (2023) 224 TTJ 59 (Raipur)(Trib)
S. 153A : Assessment-Search-Document Identification Number (DIN)-Assessment can be said to be made only when DIN is quoted on order before it is signed-DIN was not signed before assessment order is signed-Order is non-est-Service of incomplete assessment order on ITBA may be a case of non-service of order; assessment order does not become void for that reason. [ S. 143(3), 153]
Abhimanyu Chaturvedi v. Dy. CIT (2023) 225 TTJ 313 / [2024] 159 taxmann.com 445 (Delhi)(Trib)
S. 153A : Assessment-Search-Document found in the course of search-Presumption cannot be extended to material found at the place of somebody else-Assessment should have been under section 153C and not under section 153A-Undisclosed income-No incriminating material-Deletion of addition is affirmed. [ S. 132(4), 153C]
ACIT v. Atul Kumar Gupta (2023) 225 TTJ 431 (Delhi)(Trib)
S. 153A : Assessment-Search-On money-Contents of the WhatsApp amongst partners-Statement of partner-Huge gap between date of communication and sale of flats-Deletion of addition is affirmed-Undisclosed income-On money-addition is sustained to the extent of 10 percent of on-money.[ S. 132]
ACIT v. Kush Corporation (2023) 226 TTJ 55 (UO) (Surat)(Trib)
S. 153A : Assessment-Search-Pendrive-Investigation agency only obtained a certificate about details of pen drive and person in whose custody it was seized and except those details nothing was there in certificate-Certificate was not completely filled up by revenue authorities-Four conditions stipulated in section 65B(2) i.e., (a) to (d) along with section 65B(4) of Indian Evidence Act, 1872 were not followed while obtaining certificate-Certificate is not a valid certificate in eyes of law-Pendrive could not be considered as admissible evidence as per provisions of section 65B of Indian Evidence Act. [ S. 132, Indian Evidence, Act 1872, S. 65B(2), 65B(4)]
Polisetty Somasundaram v. Dy. CIT (2023) 153 taxmann.com 591 / 226 TTJ 01 (Visakha)(Trib.)
S. 153A : Assessment-Search-Limitation-Panchnama-No seizure of books of account or document-Panchnama was drawn only for removal of restraint order under section. 132(3)-Assessment order is barred by limitation. [S. 132, 132(3) 153B]
Polisetty Somasundaram v. Dy. CIT (2023) 153 taxmann.com 591 / 226 TTJ 01 (Visakha)(Trib.)
S. 148 : Reassessment-Notice-Transfer of case-Mandate of section 127 is not followed-Notice issued is without jurisdiction hence quashed.[ S. 92CA(2), 127, 144C(15), 144C(13), 147, 153(2)]
Shyam Sunder Bhartia v. Dy.CIT (2023) 225 TTJ 837 (Lucknow) (Trib)
S. 147 : Reassessment-No sanction was recorded on the date of issuance of notice-Reassessment is not valid-Notice under section 143(2) is not issued-Reassessment is quashed.[ S. 143(2), 148, 149,151]
Rajlaxmi Petrochem (P) Ltd v. ITO (2023) 224 TTJ 1004 (Pune)(Trib)
S. 147 : Reassessment-Search and seizure-Information from DDI (Inv)-CIT(A) has quashed the reassessment on the ground that the assessment should have been farmed under section. 153A/ 153C of the Act-Reassessment was not done on the basis of search-Order of CIT(A) is set aside with the direction to decide a afresh in accordance with law.[ S. 132, 148,153A, 153C]
Dy. CIT v. Ramesh Kumar Jain (2023) 226 TTJ 58 (Mum)(Trib)