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. 154 : Rectification of mistake-Mistake apparent from the record-Educational institution-Claim of exemption u/s. 11 without registration u/s. 12AA-Eligible for deduction-Annual receipt not to include voluntary donation forming part of corpus-Rectification application is allowed.[S. 10(23C)(iiiad), 11, 12, 12AA]

Sathyam Educational & Charitable Trust v. ITO (NFAC) 103 ITR 50 (Chennai) (SN)(Trib)

S. 153D : Assessment-Search-Approval-Sanction of prescribed authority-Income from other sources-Addition made under head “Income from other sources” on ground Assessee could not explain source and details of investment made-Approval given by Joint Commissioner as formality without application of mind-No clarification whether or not assessment record seen by Joint Commissioner-Approval invalid and liable to be quashed .[S. 153A]

Akshata Realtors P. Ltd. v. Asst. CIT (2023)103 ITR 652 //224 TTJ 7(UO) (Raipur) (Trib)

S. 153C : Assessment-Income of any other person-Search-Appelllate Tribunal-Additional ground-Legal issue-Admitted-The assessment ought to have been made u/s. 153A of the Income-tax Act, 1961 and not u/s. 143(3) of the Act and therefore, the assessment made by the Assessing Officer was bad in law and invalid.[S. 143(3), 153A, 254(1)]

ACIT v .Dr. D. Y. Patil Education Society (2023)104 ITR 296 (Mum) (Trib)

S. 153C : Assessment-Income of any other person-Search-In case of concluded assessment, addition can only be made on the basis of an incriminating material .[S. 132,143(3)]

DCIT v. Heaven Associates (2023 154 taxmann.com 595 /105 ITR 186 (Ahd) (Trib)

S. 153A : Assessment-Search-No addition can be made in case of completed or abated assessments in absence of incriminating material .[S. 68,132]

Late Hiraben Kantial Shah v. DCIT (Mum) (Trib)

S. 153A : Assessment-Search-Cash Credits-No incriminating material found during search-Unabated assessment-Additions not sustainable. [S.68]

ACIT v. Paramount Probuild Pvt. Ltd. (2023)101 ITR 36 (SN) (Delhi) (Trib)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of CIT instead of A/JCIT-Notice is bad in law. [S.147 148, 151(2)]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 148 : Reassessment-Notice —Information from other ITO-Income from undisclosed sources-Bogus purchases-Assessing Officer not pointing out any defect in maintenance of books of account-Reassessment notice is not valid .[S. 147]

R. K. Machine Tools Ltd. v. ITO (2023) 105 ITR 73 (Delhi)(Trib)

S. 148 : Reassessment-Notice-Reassessment proceedings taken prior to expiry of assessment year void ab initio.[S. 139(1), 139(4), 142(1)]

Uttrakhand Poorv Sainik Kalyan Nigam Ltd. v. ITO (2023)105 ITR 435 / 224 TTJ 633(Dehradun) (Trib)

S. 148 : Reassessment-Notice-Dissolution of Company-Name of the company had been struck off from Register of Companies-Not intimidated to Assessing Officer-Notice is valid-Sanction-Reassessment for the assessmentyear 2003-04 is quashed as the Commissioner had granted approval instead of the Additional Commissioner or Joint Commissioner as prescribed under the law-Quantum of addition-Matter remanded. [S. 69, 147,151]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)