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. 158BE : Block assessment-Time limit-No statement was taken of assessee-No substantial question of law. [S. 132,132A, 158BC, 260A]

CIT v. Madhuri Sharma (Smt.) (2024) 336 CTR 362 (Pat) (HC)

S. 158BC : Block assessment-Search-Undisclosed income-Disclosure was made in the return filed after search action-Income from HUF-Return was not filed-Addition is justified-No substantial question of law.[S. 132, 158BB, 260A]

Satyendra Kumar v. CIT (2024) 336 CTR 619 (Pat) (HC)

S. 153A: Assessment-Search-Electronic device in the form of a hard drive extracted from the computer of the assessee-Reappreciation of evidence-No substantial question of law.[S. 68, 132, 260A]

CIT v. Goldstone Cements Ltd. (2024) 336 CTR 448 (Gauhati)(HC)

S. 153 : Assessment-Reassessment-Limitation-Time barred assessment-Refund-Remand by Tribunal-Assessing Officer is directed to accept the return of income as available on record and pass the consequential orders. [S. 139, 153(2A), 153(3), 263 , Art. 226 ]

Indian Renewable Energy Development Agency Ltd. v. PCIT (2024) 336 CTR 651 /470 ITR 374 (Delhi) (HC)

S. 149 : Reassessment-Time limit for notice-Search-There is no restriction of time period for issuance of notice under S. 148-Petition is dismissed. [S.132, 132A, 148, 149(1), 153A, 153C, Art. 226]

Nitin Sharma v. PCIT (2024) 336 CTR 126 (MP)(HC)

S. 149 : Reassessment-Time limit for notice-Amount is less than 50 lakhs-Notice issued beyond three years-Order is barred by limitation. [S.148, 148A(b), 148A(d), Art. 226]

Bijendra Singh v. PCIT (2024) 336 CTR 819 (Raj) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Supply of information-Information/description has been given to the assessee-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art.226]

Chaturbhuj Gattani v. ITO (2024) 336 CTR 369 (Raj) (HC) Saroj Gattani v. ITO (2024) 336 CTR 369 (Raj) (HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Opportunity of hearing-Order and notice is set aside.[S. 148, 148A(b), 148A(d), Art. 226]

Asamannoor Service Co-Operative Bank Ltd. v. ITO (2024) 336 CTR 631 (Ker)(HC) Editorial : Affirmed by Division Bench, ITO v. Asamannoor Service Co-operative Bank Ltd (2024)160 taxmann.com 681 / 336 CTR 625 (Ker) (HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Show cause notice-Principle of natural justice-Service of show cause notice by itself did not tantamount to a discharge of obligation to provide assessee with an opportunity of being heard-Opportunity to be effective must include a right to a personal hearing as well-Order of Single Judge is affirmed. [S. 148A(b), 148A(d), 148, Art. 226]

ITO v. Asamannoor Service Co-operative Bank Ltd (2024)160 taxmann.com 681 / 336 CTR 625 (Ker) (HC) Editorial : Asamannoor Service Co-operative Bank Ltd v. ITO (2024) 336 CTR 631 (Ker)(HC) is affirmed.

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Alternative remedy-Finding of fact-Alternative remedy-Writ petition is dismissed. [S. 148A(b), 148A(d), 148, Art. 226]

Ananda Bag Tea Company Ltd. v. UOI(2024) 336 CTR 827/ 234 DTR 236 (Cal)(HC) Editorial : Ananda Bag Tea Company Ltd. v. UOI (2024)160 taxmann.com 675 / (2024) 336 CTR 824 (Cal) (HC), Division Bench affirmed the order of Single Bench.