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.147: Reassessment-After the expiry of six years-Accumulation of income-No failure to disclose material facts-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S.11(3A) 12AA, 148, Form No 10, Art. 226]
St. Mary’s Charity Fund v. UOI (2024) 301 Taxman 205 (Ker)(HC)
S. 144C: Reference to dispute resolution panel-DRP has power to rectify its directions under section 154 of the Act.[S.154, 260A]
PCIT v. Stanley Black and Decker India Ltd. (2024) 301 Taxman 145 (Karn.)(HC)
S. 144C : Reference to dispute resolution panel-Assessing Officer is mandated to pass final assessment order within time stipulated under S. 144C (4) of the Act-The fact that assessee had not filed objections before DRP within stipulated time is immaterial. [S. 144C (2), 260A].
CIT(IT)-2 v. Mavenir UK Holdings (2024) 341 CTR 317 / 167 taxmann.com 321 /301 Taxman 340 (Delhi)(HC)
S. 144B : Faceless Assessment –Principle of natural justice-Failure to grant personal hearing-Video conferencing-Matter is remanded back to Assessing Officer to pass a fresh de novo order after giving personal hearing to assessee through video conferencing.[Art. 226, 227]
Premanand Kumar Ambalal Patel v. ACIT (2024) 301 Taxman 596 (Guj.)(HC)
S. 144B : Faceless Assessment –Principle of natural justice-Failure to issue show cause notice-order of assessment was to be quashed and matter was to be remanded back to stage of issuance of show cause notice by Assessing Officer to assessee so as to enable assessee to request for personal hearing. Matter remanded.[S. 144(8), Art. 226]
Inox Wind Energy Ltd. v. ACIT (2024) 301 Taxman 557 (Guj.)(HC)
S. 144B: Faceless Assessment-Show cause notice along with draft assessment order-Assessment order passed without consideration the adjournment application filed online-Against the principals of natural justice-Order is quashed and set aside-Matter is remanded back. [S.143(3), 144B(1) (vii), Art. 226]
Kaypee Enterprise v. Asst. Unit, ITD (2024) 301 Taxman 73 (Guj.)(HC)
S. 144B: Faceless Assessment-Show cause notice providing 3 days’ time to file reply is in violation of SOP issued by CBDT as well as principals of natural justice-Matter remanded back to the Faceless Assessment unit. [S.143(3), 144B(6), Art. 226]
Lake Gardens Saha Education Society v. Assessment Unit, ITD, NAFAC (2024) 301 Taxman 56 (Cal.)(HC)
S. 143(2) : Assessment-Notice –Assessing Officer, ITO Ward-5(3), Kolkata issued a notice under section 143(2)-Assessing Officer, ITO Ward-9(2), Kolkata completed assessment without issuing notice under section 143(2) –Additional ground-Order is bad in law –Order of Tribunal is affirmed. [S. 143(3),260A]
PCIT v. Weedo Ventures (P.) Ltd. (2024)167 taxmann.com 614(Cal)(HC) Editorial : PCIT v. Weedo Ventures (P.) Ltd. (2024) 301 Taxman 624 (SC). SLP of revenue is dismissed as failure to explain the delay of 477 days and also Tax effect is less than 1, 50,0000.
S. 143(2): Assessment-Notice-Issuance of notice under S. 143(2)-Assistant / Deputy Commissioner of Income Tax (IT) is authorized as prescribed income-tax authority to issue the notice-Notice is valid. [Art. 226, R. 12E]
Ambience Pvt. Ltd. v. ACIT (2024) 341 CTR 313 / 167 taxmann.com 596 /301 Taxman 491 (Delhi)(HC)
S. 132 : Search and seizure-Return of original documents seized-Until completion of assessment proceedings, petitioner is not entitled for original documents and he is entitled to get only a copy of those documents. [Art.226]
A. Selvaraj v. PCIT, Central (2024) 301 Taxman 451 (Mad.)(HC)