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
Click here to download the pdf versions of the Digest of case laws

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund of tax deduction at source-Central Board of Direct Taxes-Instructions-Application was filed after 12 years from assessment year-High Court dismissed as barred by limitation-SLP dismissed as withdrawn with the liberty to make an application before CBDT.[S. 119, art.136]

Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2024) 297 Taxman 67 (SC) Editorial : Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2023) 152 taxmann.com 331/445 ITR 211 (Uttarakhand)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note-Served satisfaction note subsequent to notice under section 143(2)-Writ petition is dismissed.[S. 132 142(1), Art. 226]

Shyamlal Rupchand Parwani v. ACIT (2024) 297 Taxman 581 / 337 CTR 850 (Guj.)(HC)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Limitation-Where no satisfaction is recorded year of search has to be considered-High Court quashed the proceedings-SLP of Revenue is dismissed. [S. 132, 153A]

PCIT v. Gali Janardhana Reddy (2024) 297 Taxman 62/463 ITR 697 (SC) Editorial : PCIT v. Gali Janardhana Reddy(2023) 152 taxmann.com 332/ 454 ITR 467 (Karn)(HC)

S. 153C : Assessment-Income of any other person-Recording of satisfaction is mandatory by the Assessing Officer of searched person-Order of High Court affirming the order of Tribunal is affirmed-SLP of Revenue is dismissed. [S. 143(3)]

PCIT v. G. Lakshmi Aruna (Smt) (2024) 297 Taxman 396 (SC) Editorial: PCIT v. G. Lakshmi Aruna (2023) 150 taxmann.com 107 /333 CTR 257/225 DTR 417 (Karn)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Satisfaction recorded by Joint Commissioner-The notice issued under section 148 and order is set aside by High court-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151 (1), Art. 136]

ITO v. Pinki Rajesh Modi (2024) 297 Taxman 397 (SC) Editorial: Pinki Rajesh Modi v. ITO (2023) 153 taxmann.com 469/(2023) 294 Taxman 491 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction was issued by Joint Commissioner-Notice and order disposing the objection is quashed and set aside-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151(1), 151(2), Art.136]

Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC) Editorial: Thirdware Solution Ltd v. Dy.CIT(2023) 146 taxmann.com. 364 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit for notice-Less than 50 lakhs-Sale of property-Capital gains-Tax deducted at source-Notice and order disposing the objection is quashed.[S. 148, 148A(b), 148A(d),149, Art.226]

Pramila Mahadev Tadkase v. ITO (2024) 297 Taxman 161 / 468 ITR 275(Karn.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Order passed without granting an opportunity of hearing-Notice and order is set aside-Matter remanded back to the Assessing Officer.[Art. 226]

Ahmedabad District Co-Op Milk Producers Union Ltd. v. ITO (2024) 297 Taxman 315 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dropping of re-assessment proceedings after considering the reply-Issuing notice again taking contrary stand within span of five days-Notice and order is quashed-Strictures-Principal Chief Commissioner is directed to conduct an inquiry against concerned officer who had passed said two orders, which contradicted each other, in a span of five days and to take necessary action. [S. 148A(b), 148A(d),149, 151,Art. 226]

Siemens Ltd. v. Dy. CIT (2024) 297 Taxman 587 / 471 ITR 304 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-If required-Cash deposits during demonetization-Notice issued to clarify cash deposited in a particular bank-Order passed after considering the reply of assesee-Writ is dismissed. [S. 148A(b), 148A(d), Art.226]

Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356/ 471 ITR 83 (Cal.)(HC):Editorial : Champa Impex (P) Ltd. v. UOI (2024) 337 CTR 365 /470 ITR 689 (Cal) (HC)