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. 197A : Deduction at source-No deduction to be made in certain cases-Co-operative bank-Form No 15G-Incomplete response-Matter remanded to the Assessing Officer to pass a fresh assessment order.[S. 201(1), 201(IA), 251, Art. 226]

Thiruvannamalai District Central Cooperative Bank Ltd v. ITO, TDS (2024) 296 Taxman 448 (Mad)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note without document identification no (DIN)-When satisfaction notes were provided to assessee, said communication bore DIN-Notice and assessment order is valid.[Art. 226]

South Coast Spices Exports (P.) Ltd. v. PCIT (2024) 296 Taxman 184 / 336 CTR 226(Ker.)(HC)

S. 153B : Assessment-Search and seizure-Time limit-Revision-Conclusion of search-Locker-Last panchnamas -No seizure-Strict interpretation of statutes-Strict rule of interpretation-Not barred by limitation.[S. 132, 263,Art. 226]

Anuradha Bakshi v. PCIT (Central) (2024) 296 Taxman 355 / 465 ITR 786/339 CTR 395(Delhi)(HC)/Editorial : Anuradha Bakshi v. PCIT (Central) (2024) 298 Taxman 548 (SC), Reserving the assessee to raise contentions regarding jurisdiction error vis -a-vis limitation period before appropriate authority despite order passed against assessee.

S. 153 : Assessment-Reassessment-Limitation-Tribunal-Power-Limitation-Where Appellate Authority remands case for a determination on a selected issue or aspect of assessment, parties are fully aware of parameters within which fresh enquiry is circumscribed and limited-Rigours of limitation are totally removed-Tribunal had directed Assessing Officer to consider question of disallowance for bad debts/advances being written off-Tribunal’s order did not set aside or cancel subject assessment orders requiring a fresh assessment. [S. 153(2A), 153(6) 153(7) 253, 254(1)]

United Spirits Ltd. v. ACIT (2024) 296 Taxman 141 /464 ITR 167/ 337 CTR 826 (Karn)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Act does not contemplate any detailed adjudication on merits of information available with Assessing Officer at stage of passing order under section 148A(d)-Writ petition is dismissed.[S. 69, 148, 148A(b), 148A(d), Art. 226]

Vivek Saran Agarwal v. UOI (2024) 296 Taxman 281 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice-A notice under section 148A(b), dated 30-3-2023, was served upon assessee to file a response by 10-4-2023-Assessee sent a communication dated 14-4-2023 explaining difficulty in filing response by 10-4-2023 as same was served on 14-4-2023-Order passed without considering the reply-Order and notice is set aside.[S. 148, 148A(b), 148A(d), Art. 226]

E.Construct FZ LLC v. ACIT (2024) 296 Taxman 440 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Co-operative societies-Interest received from Co-Operative banks-Entitle to exemption.[S.2(19), 80P(2) (a)(i), 80P(2)(d), 148A(b), 148A(d), Tamil Nadu Co-Operative Societies Act, 1983,, Co-Operative Societies Act, 1912, Art. 226]

Thorapadi Urban Co-op Credit Society Ltd. v. ITO (2024) 296 Taxman 250 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Bogus purchases-Principle of natural justice-Only two days to file the reply-Order passed is set aside. [S.69C, 148A(b), 148A(d), Art. 226]

Srivenkateshwar Tradex (P.) Ltd. v. P CIT (2024) 296 Taxman 76 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Bogus entry-No transaction is carried out-Order disposing objection and notice is quashed.[S.68, 148A(b), 148A(d), Art. 226]

Tirupati Trading Corporation v. ACIT (2024) 296 Taxman 535 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed without providing information gathered from investigation wing-Order and subsequent notice is quashed and set aside.[S. 2((15),12A, 148, 148A(b) 148A(d), Art. 226]

Chotanagpur Diocesson Trust Asson. v. UOI (2024) 296 Taxman 16 /464 ITR 748 (Jharkhand)(HC)