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-Recorded reasons-Un explained cash credits-Addition is made on commission income-Issue is not subject matter of notice under section 148-Reassessment order is quashed. [S. 37(1), 68,148]
Revera Milk & Foods (P) Ltd v. ITO (2023) 223 TTJ 821 (Mum)(Trib)
S. 147: Reassessment-Notice to verify the deposits and withdrawals-Reassessment is bad in law. [S. 148]
Lalchand Mehrumal Jagwani v. ITO (2023) 221 ITR 273 (Pune)(Trib)
S. 147 : Reassessment-Notice is issued by the Assessing Officer who had no jurisdiction-Reassessment is bad in law-Additional grounds-Question of law is admitted. [S. 2(7A), 120, 124(3), 143(3), 148]
Adarsh Rice Mill v. ITO (2023) 222 TTJ 390 / 227 DTR 7 (SMC) (Raipur) (Trib)
S. 147 : Reassessment-Alleged bogus long term capital gains-Sale of shares-Information from Investigation Wing-Non application of mind-Reassessment is quashed. [S. 10(38), 45]
Sudesh Rani (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib) Ritu Garg (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib) Urmila Rani (Smt) v. ACIT (2023) 222 TTJ 759 (Chd)(Trib)
S. 145 : Method of accounting-Rejection of books of account-Estimation of profit-Rejection of books of account is justified-Estimate of @ 5 percent of the turnover is affirmed-Jurisdiction issue is not challenged in the course of assessment proceedings hence not entertained-Reassessment is affirmed. [S. 124(3),145(3), 147, 148]
ITO v. Vibgyor Texotech (P) Ltd (2023) 221 TTJ 708 (Mum)(Trib)
S. 144C : Reference to dispute resolution panel-DRP cannot set aside any proposed variation or issue any direction for further enquiry-Direction issued to the Assessing Officer to pass a speaking order in respect of Permanent Entablement is contrary to the provisions of section 144C(8) [S. 9(1)(i), 144C(8)]
FRD Solutions FZC v. Dy. CIT (2023) 222 TTJ 628 (Mum)(Trib)
S. 143(3): Assessment-Jurisdiction-Assessment order passed by non-Jurisdictional Assessing Officer-Contrary to CBDT instruction No. 1 of 2011 dt. 1-4-2011-Order is bad in law. [S. 119,124(3), 143(2)]
Sudir Kumar Agarwal v. ITO (2023) 221 TTJ 687 (Raipur)(Trib)
S. 143(2) : Assessment-Notice under section 143(2) was issued by non-jurisdictional Assessing Officer-Matter remanded to the Assessing Officer to verify as to territorial jurisdiction at the time of issue of notice. [S. 143(2)]
Goyal Construction v. ITO (2023) 223 TTJ 21 (UO)(SMC)(Raipur)(Trib)
S. 143(1) : Assessment-Intimation-Invalid return-CPC has no jurisdiction to process the return and disallow the claim. [S. 139(9)]
Durgapur Passengers Carriers Association v. ITO (2023) 223 TTJ 1010 / 150 taxmann.com 171 (SMC)(Kol)(Trib)
S. 139 : Return of income-Capital loss-Short term capital loss-Carry forward-Entitle to the benefit of extended due date of filing upto 31st October 2019 [S. 74, 80IA(7), 139(1), Expl. 2(a)(ii)]
Dolli Chandrashekhar Shankar (HUF) v. ACIT (2023) 222 TTJ 1 (Pune)(Trib)