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. 148 : Reassessment-Notice-Capital gains-Show cause notice-Disputed facts-Burden is on assessee-Since challenge to show-cause notice was based on disputed questions of facts, writ petition was dismissed. [S. 45, 147, Art. 226]
Sahjeevan Co-operative Housing Society Ltd. v. P CIT (2023) 458 ITR 486/ 292 Taxman 488/ 335 CTR 139 (Bom.)(HC)
S. 147 : Reassessment-With in four years-Investment for purchase of property at Pali-Recorded reason the property mentioned at Delhi-reasons for reopening assessment were founded on non-existent transaction of purchase of property at Delhi, reassessment proceedings was quashed. [S.69, 148, Art. 226]
Rajhans Processors v. UOI (2023) 292 Taxman 332/332 CTR 581/ 225 DTR 224 (Raj.)(HC)
S. 147 : Reassessment-With in four years-Shares issued at premium to non-resident company-Valuation certificates were furnished under FEMA regulations-Income from other sources-Detailed explanation was furnished in the course of original assessment proceedings-No new material or information-Reassessment notice and order was quashed and set aside. [S. 56(2)(viib), 79, 148, R.11UA, Art. 226]
Ball Aerosol Packaging India (P.) Ltd. v. ACIT (2023)459 ITR 303 / 292 Taxman 55 (Guj.)(HC)
S. 147 : Reassessment-After the expiry of four years-Alternative remedy-Writ petition is dismissed.[S. 148, Art. 226]
Indo Colchem Ltd. v. Dy. CIT (2023) 292 Taxman 156 (Guj.)(HC)
S. 147 : Reassessment-After the expiry of four years-Cash credits-Objection raised by assessee were rejected without applying mind to facts-Material particulars, different from reasons given for reassessment-Reassessment notice and consequential orders were quashed and set aside. [S. 68, 92CA, 148, Art. 226]
Shree Nagalinga Vilas Oil Mills v. ITO (2023) 292 Taxman 533 /(2024) 337 CTR 232 (Mad.)(HC)
S. 144B : Faceless Assessment-Violation of principles of natural justice-Standard Operating Procedure (SOP) is not followed-The Assessing Officer had acted in a most perverse manner in passing assessment order-The assessment order was a classical example as to how an assessment should not be made-Assessing Officer had reduced procedure to an empty formality, which had to be deprecated-Assessment order was quashed and set aside. [S. 143(3), Art. 226]
Indu Goenka v. Asst. Unit, ITD (2023) 292 Taxman 444 (Cal.)(HC)
S. 144B : Faceless Assessment-Draft assessment order-Violation of principle of natural justice-Assessment order quashed and set aside and Assessing Officer was to be directed to provide sufficient opportunity to assessee after serving show cause notice cum draft assessment order. [S. 143(3), Art. 226]
Bharatkumar Rajendraprasad Dave v. Dy. ACIT(2023) 458 ITR 97/292 Taxman 173 (Guj.)(HC)
S. 144B : Faceless Assessment-Method of accounting-Principle of natural justice-Not granted virtual hearing-Additions were made 50 times more to income proposed in show cause notice-Order was quashed and set aside. [S. 36(1)(iii), 68, 69A, 145, Art. 226]
Margita Infra v. NEAC (2023)458 ITR 101 / 292 Taxman 178 (Guj.)(HC)
S. 143(3) : Assessment-Life insurance premium-Personal hearing-Failure to attend various notices-Writ against the assessment order is dismissed. [S. 80C, 80TT, 142(1), 143(2), Art. 226]
Suyambulingam Suresh v. ITO (2023)458 ITR 746 / 292 Taxman 522 (Mad.)(HC)
S. 69A : Unexplained money-Amounts of investments not fully disclosed in books of account-Unexplained expenditure-Survey-Purchase of goods no explanation was furnished-Excess stock was found-Mahajani Khata-Order of Tribunal confirming the addition is affirmed. [S. 69B, 69C, 133A, 145]
Samaddar Brothers v. CIT (2023) 292 Taxman 323 (Cal.)(HC)