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-After the expiry of four years-Re-appreciation of same documents which were available at the time of original assessment-Reassessment is quashed.[S.143(3)]
Madhya Gujarat Vij Company Ltd. v. DCIT (20023) 102 ITR 78 (SN) (Ahd) (Trib)
S.144C: Reference to dispute resolution panel-Since there was no forwarding not even effort to forward draft assessment order to the new address furnished to the Assessing Officer under proviso to Rule 127(2) within permitted time frame under section 153 r.w.s. 144C, the impugned assessment order was time barred and therefore liable to be quashed. [S. 153, Rule 127(2)]
DSV Solutions (P) Ltd. v. DCIT (2023) 221 TTJ 310 (Mum) (Trib)
S. 144C : Reference to dispute resolution panel-Assessing Officer issuing notice of demand on same date as draft order attaining finality to assessment-Once notice of demand issued, assessment complete-Assessment order is not valid. [S.143(3), 156]
Prodair Air Products India Pvt. Ltd. v. ACIT (2023)102 ITR 19 (SN)(Pune) (Trib)
S. 144 : Best judgment assessment-Rejection of books-Estimate of net profit at 4 Per Cent. on gross turnover-Justified-Fixed Deposits utilized to acquire bank guarantee-Nexus between interest earned and interest paid-Interest paid to be adjusted against interest received.[S.56, 57, 145(3)].
Ladakh Roadlines v. ACIT (2023)102 ITR 66 ((SN)(Amritsar)(Trib)
S. 144: Best judgement assessment-Search-Incriminating material-Assessment is valid-Best judgement-Failure to issue show cause notice for best judgement assessment-Assessment not valid-Jurisdiction-Order of transfer of jurisdiction challenged before High Court-Stay not granted-Completion of assessment in pendency of proceedings before High Court valid-Statements recorded by Investigation Wing used to support additions made-Failure to give an opportunity to cross-examine witnesses-Addition is not valid-Unsecured loan-Addition is not valid. [S. 68, 139, 144, 153A, 245C]
M. K. Rajendran Pillai v. ACIT (2023)102 ITR 290 (Cochin) (Trib)
S: 143(3) : Assessment-Bogus purchases-Inventory and Closing stock not disputed-Addition is deleted. [S. 132(4), 147, 148, 153A]
Talwar Jewellers v. ACIT (2023) 102 ITR 26 (SN) (Chd) (Trib.)
S. 143(3): Assessment-Assessment orders passed by Assessing Officer during the moratorium period under the provisions of IBC are void-ab-initio. [S.153A]
Monnet Ispat & Energy Ltd. v. ACIT (2023) 102 ITR 29 (SN) (Delhi)(Trib)
S.143(3) :Assessment-Mismatch of amount-All transaction shown in Form 26AS does not represent income-Addition is deleted.[S. 4, 139,Form, 26AS]
Oceanic Vehicles Pvt. Ltd. v. DCIT (2023) 102 ITR 70 (Ahd.)(Trib.)
S. 143(3): Assessment-Survey-Gross profit rate-Unaccounted sales-No material to indicate the assessee indulged in unaccounted sales post survey-Addition reduced considering electricity consumption-Justified. [S.133A]
ACIT v. Akash Gurudas Talreja (2023)102 ITR 52 (SN)(Pune) (Trib)
S. 143(1)(a) : Assessment-Intimation-Adjustment to the total income returned for the AY. 2017-18-Assessing Officer of CPC made an adjustment denying the credit for the TDS even though appearing in Form 26AS-No notice was issued to the assessee before making such adjustment. The CIT (Appeals) confirmed the Assessing Officer’s action for not granting TDS credit merely on the ground that the corresponding income has not been shown by the appellant in the return of income.[Form. 26AS]
Haft Propbuild P. Ltd. v. ITO (2023) 102 ITR 399 (Delhi) (Trib)