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-Cash credits-Bogus transactions-Violation of principle of natural justice-Objections of assessee were not disposed of before passing of assessment order, entire proceedings were vitiated and matter was to be remanded back to Assessing Officer.[S. 68, 148, Art. 226.]
Kalpesh R. Varia HUF v. ITO (2025) 305 Taxman 600 (Bom)(HC)
S. 147 : Reassessment-Cash credits-Change of opinion-Reassessment notice and order was quashed by High Court-SLP of revenue was dismissed on account of delay of 308 days in filing SLP which had not been satisfactorily explained and also on merits.[S. 68, 148, Art, 136]
ITO v. Hemanshu Ramniklal Shah (2025) 305 Taxman 408 (SC) Editorial : Hemanshu Ramniklal Shah v. ITO (2025) 171 taxmann.com 19 (Guj)(HC)
S. 145 : Method of accounting-No defects in the books of account-Estimate of net profit of 10% solely on basis of assessee’s earlier declaration before Settlement Commission is held to be not justified-Order of Tribunal deleting the addition is affirmed.[S. 144, 260A]
ACIT v. Sunil Kumar Agrawal (2025) 305 Taxman 630 (Chhattisgarh)(HC)
S. 144B : Faceless Assessment-Priniciple of natural justice-Opportunity of hearing-Assessment order having been passed in violation of principle of natural justice was set aside and matter was to be restored to Assessing Officer for taking suitable steps for rehearing of case by providing reasonable opportunity of hearing to assessee. [Art. 226]
Ramesh Kumar Jain v. CIT (2025) 305 Taxman 640 (Chhattisgarh)(HC)
S. 144B : Faceless Assessment-Reassessment-Standard Operative Procedure-One day time was given to upload the evidences-Violation of principle of natural justice.
Ashok Kumar Meher v. CBDT (2025) 305 Taxman 380 (Orrissa) (HC)
S. 143 (3): Assessment-Deputy Commissioner (DCIT) issued notice under section 143(2) on basis of verifiable information pointing to tax evasion-No approval of concerned jurisdictional Pr. CIT / Pr. DIT / CIT / DIT-Order of Tribunal setting aside of the order was affirmed. [S. 143(2)]
PCIT v. Raja Arora (2025) 305 Taxman 204 (Delhi)(HC)
S. 139 : Return of income-Refund of excess tax-Statement made by the revenue in court to pass rectification order-Petition was disposed of albeit with a direction that revenue would be bound down to statement made.[S. 139(9), 153C, Art. 226]
Mukesh Garg v. ACIT (2025) 305 Taxman 502 (Delhi)(HC)
S. 139 : Return of income-Carry forward loss-Provided return is filed within time indicated in relevant notice under section 153A(1)(a)-Order of Tribunal allowing the carryforward of loss was affirmed [S. 153A, 245B(4), 260A]
PCIT (Central) v. Seven Star Steels Ltd. (2025) 305 Taxman 98 (Cal)(HC)
S. 132A : Powers-Requisition of books of account-Theft of cash-On criminal application by the Revenue,the Court held that department would be free to undertake all actions permitted under law, subject deposit of entire amount of Rs.35.28 lakhs in P.D. Account in accordance with provisions and Rules of Income Tax Act.[S.132A(1)(c)]
Dy. DIT v. State of Gujarat (2025) 305 Taxman 133 (Guj.)(HC)