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. 237 : Refunds-Insolvency and Bankruptcy Code, 2016-Moratorium-Adjustment of refund against past demands barred-TDS collected before moratorium not refundable. [S. 199, Insolvency and Bankruptcy Code, 2016,9, 14, Art. 226]
PCIT-6 v. National Company Law Tribunal, Mumbai [2024] 168 taxmann.com 700 (Bom.)(HC)
S. 158AB : Repetitive appeals-Identical question of law-An application to defer filing of an appeal was allowed where an identical question for a previous year was pending and the assessee had consented. [S. 158A(b),260A, Income-tax Rules, 1962, R.16]
ACIT v. Sandvik IT Services Ab [2024] (Bom.)(HC)
S. 153C : Assessment-Income of any other person-Search-Insolvency and Bankruptcy Code, 2016-Resolution Plan-Extinguishment of dues-Once a resolution plan is approved by the NCLT, all claims not part of the plan, including statutory dues for the pre-CIRP period, stand extinguished-The Revenue cannot initiate or continue proceedings for such a period post-approval. [S.. 132,. 133, 142(1), 143(2), 143(3) Insolvency and Bankruptcy Code, 2016, 31]
Uttam Value Steels Ltd v. ACIT [2024] 166 taxmann.com 493 / [2024] 186 SCL 70 (Bom.) (HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Vitiated for want of jurisdiction. [S.148, 148A(b), 148A(d), Art. 226]
HDFC Ergo General Insurance Ltd v. ACIT [2024] 168 taxmann.com 357 (Bom.)(HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices under sections 148 and 148A issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Held to be without jurisdiction and invalid. [S.148, 148A(b), 148A(d), Art. 226]
Eureka Forbes Ltd v. DCIT [2024] 168 taxmann.com 222 (Bom.)(HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Central charge-Reassessment proceedings under sections 148 and 148A initiated by Jurisdictional Assessing Officer-Invalid as jurisdiction vests with Faceless Assessing Officer under scheme notified through Notification No. 18/2022-Exclusion for ‘central charges’ not applicable. [S.144B, 148, 148A(b), 148A(d) Art. 226]
Aristo Pharmaceuticals (P.) Ltd v. ACIT [2024] 167 taxmann.com 315 (Bom.) (HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notices and order under sections 148A and 148 issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A-Proceedings held invalid and without jurisdiction. [S.148, 148A(b), 148A(b),Art. 226]
Bank of India v. ACIT [2024] 167 taxmann.com 75 (Bom.)(HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) as required by scheme under section 151A; notice held to be without jurisdiction and quashed. [S.148, 148A(b), 148A(d), Art. 226]
Great Eastern Shipping Co Ltd v. ACIT [2024] 167 taxmann.com 186 (Bom.) (HC)
S. 151A: Face less assessment scheme-Reassessment-Jurisdiction-Reassessment notice issued by Jurisdictional Assessing Officer (JAO) held invalid as per section 151A and the notified scheme, which mandates issuance by a Faceless Assessing Officer (FAO). [S. 148, 148A(b), 148A(d), Art. 226]
Mondelez India Foods (P.) Ltd v. ACIT (2024) 167 taxmann.com 380 (Bom.) (HC)
S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Mandatory scheme under section 151A not followed-Proceedings vitiated for want of jurisdiction. [S. 119, 148, 148A(b),148A(d), Art. 226]
BKS Galaxy Realtors LLP v. ACIT [2024] 167 taxmann.com 154 (Bom.)(HC)