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. 153A : Assessment-Search-Statement made during search has evidentiary value but by itself cannot be basis for assessment-Assessment completed before search-No incriminating material was found-Distinction between scrutiny assessment under section 143() and summary assessment under section 143(1) is irrelevant for the purpose of section 153A-Addition is not justified-Question of fact. [S. 132,132(4), 143(1), 143(3), 260A]

PCIT v. Pilot Industries Ltd. (2023)457 ITR 437/146 taxmann.com 233 (Delhi)(HC) Editorial: Order in DCIT v.Pilot Industries Ltd(2022) 27 ITR (Trib)-OL 467 (Delhi), affirmed

S. 153A : Assessment-Search-No incriminating material was found during search-Original assessment completed-Order is not valid. [S. 132]

PCIT v. PGF Ltd. (2023)457 ITR 607 /156 taxmann.com 24 (Delhi)(HC)

S. 153A : Assessment-Search-No incriminating material found during search-Statement recorded under Section 132(4) does not constitute incriminating material-Completed assessment-Addition is not valid. [S. 132, 132(4)]

PCIT v. Kavita Agarwal (Ms.) (2022) 143 taxmann.com 404 / (2023) 457 ITR 112 (Delhi)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Notice issued after expiry of six years from assessment year-Sanction of Additional Commissioner-Sanction is not valid-Taxation and other Laws (Relaxation and Amendment Of Certain Provisions) Act, 2020 is not applicable.[S. 148, 151(1), Art. 226]

Asian Paints Ltd. v. ACIT (2023)457 ITR 626 /155 taxmann.com 627 (Bom)(HC)

S. 149 : Reassessment-Time limit for notice-Capital gains-Dissolution of firm in 2006-Notice issued for reassessment for the Assessment year 2007-08 in November 2014-Notice is barred by limitation. [S. 144, 147, 148, Art. 226]

Sandeep Theatre Abohar v. ITO (2023)457 ITR 562 (P&H)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Risk Management Strategy-Information Received From Director (Investigation And Criminal Intelligence)-Suffice requirement of information-Consideration for moveable property excess of Rs 50 lakhs-Sanction form Principal Commissioner-Reassessment notice is valid.[S. 147, 148, 148A(b), 148A(d), 149(1)(b), 151, Art. 226]

Susai Amalanathan antoni Vincent v. ITO (2023)457 ITR 96 /156 taxmann.com 17 (Mad)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Alternate remedy-Not absolute bar for filing writ petition-Writ petition is admitted.[S. 147 148, 148A(b), 148A(d),246A, Art. 226]

Space Enclave Pvt. Ltd. v. ITO (2023)457 ITR 382 (MP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed in Permanent Account Number which had been surrendered-Direction of single judge to file representation-Notice and order set aside-Directed to pass speaking order.[S. 148, 148A(b), 148A(d), Art. 226]

Shree Ramkirshna Sishu Tirtha. v. ITO (2023)457 ITR 729/157 taxmann.com 449 (Cal)(HC) Editorial: Appeal from the judgement of single judge, WPA No. 19557 of 2022 dt. 28-11-2022 (Cal)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Return filed under new Permanent Account Number as a sole proprietor-Notice issued in name of erstwhile firm-Notice and order is quashed.[S. 148, 148A(b). 148A(d), Art. 226]

Rajinder Nath Kapoor v. ITO (2023)457 ITR 225 /294 Taxman 576 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Directed to supply requested material.[S. 147, 148, 148A(b), 148A(d), Art. 226]

Omesh Jain v. ITO (2023)457 ITR 332 (Delhi)(HC)