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. 144C : Reference to dispute resolution panel-Faceless assessment-Limitation-Draft assessment order-Reference To Objections to Dispute Resolution Panel-Directions From Dispute Resolution Panel-Failure to follow procedure is not merely procedural irregularity but illegality-Final order passed two years after receipt of directions from Dispute Resolution Panel-Assessment order time-barred-Original return of income to be accepted-Direction to refund excess of legitimate tax.- Court directed the Revenue to take strict action against persons responsible for the laxity and lethargy displayed by which caused a huge loss to the exchequer and in turn to the citizens of this country – Copy of the order is forwarded to CBDT, Principal Secretary , Ministry of Finance , Government of India . [S. 144C(1) 144C(2)(b), 144C(5), 144C(10), 144C(13), Art. 226]

Vodafone Idea Ltd. v. CPC (2023)459 ITR 413 /156 taxmann.com 258 /(2024) 336 CTR 157 (Bom)(HC)(Bom)(HC)

S. 144C : Reference to dispute resolution panel-Assessment-Limitation-Directions issued by Dispute Resolution Panel binding on Assessing Officer-Final order to be passed in conformity with directions within one month-Order is barred by limitation.[S. 143(3), 144C (13)]

PCIT v. Flextronics Technologies (India) Pvt. Ltd. (2023)459 ITR 493/148 taxmann.com 123 (Karn)(HC)

S. 143(3) : Assessment-Valuation Of Closing Stock-Arithmetical error in quantitative analysis of consumption of finished leather-Order of Tribunal is set aside. [S. 254(1)]

Sidhant Leather Exports Pvt. Ltd. v. CIT (NO. 1) (2023)459 ITR 315 (Cal)(HC)

S. 143(3) : Assessment-Failure to give reasonable time to reply-Violation of principle of natural justice-Order and notice of demand is set side. [S. 142(1), 144, Art. 226]

Aphv India Investco. Pvt. Ltd. v. ACIT (2023)459 ITR 428/(2024) 158 taxmann.com 544/ 338 CTR 20 (Delhi)(HC)

S. 139 : Return of income-Private discretionary trust-Status of individual-Central Board of Direct Taxes has authority to Prescribe proper form-Court cannot direct Board. [R. 112, Art. 226]

Mahesh Family Trust v. ITO (2023)459 ITR 739 (Mad)(HC)

S. 132B : Application of seized or requisitioned assets- Search and seizure-Adjustment of cash seized from third person Application for such adjustment is mandatory.[S. 132, Art. 226]

Irfanudeen Abdul Munaf v. PDIT (Inv) (2023) 459 ITR 566 (Mad)(HC)

S. 132 : Search and seizure-Reason to believe-Adequacy of reasons not within scope of judicial review-Writ petition dismissed. [S. 69, 131, 132(1)(bb), 133A]

Sheetal Bamalwa v. UOI (2023)459 ITR 570 (Gauhati)(HC)

S. 115JB : Company-Book profit-Set-off of Loss or unabsorbed depreciation-Entitled to claim set off.

PCIT v. Bangalore International Airport Ltd. (2023)459 ITR 158 /154 taxmann.com 394 (Karn)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Resale price method-Matter remanded to Transfer Pricing Officer for fresh determination of Arm’s Length Price. [S.92CA(3)]

Shasun Pharmaceuticals Ltd. v. Dy. CIT (2023)459 ITR 440/(2022) 142 taxmann.com 457 (Mad)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Advertising, marketing and promotion expenditure-Principle of consistency applies-Order of Tribunal is affirmed. [S. 92]

PCIT v. Wrigley India Pvt. Ltd. (2023)459 ITR 2 /156 taxmann.com 245 (Delhi)(HC)