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-With in four years-Unexplained investment-Laundering of huge funds-Rotation of funds-Reassessment notice and order disposing the objection is justified [S. 69B, 148, Art. 226]

Omni Lens (P.) Ltd. v. ACIT (2023) 291 Taxman 619 (Guj)(HC)

S. 147 : Reassessment-After the expiry of four years-Cash credits-Cash deposit in the bank-Information from Bank-Factual error cannot be considered in writ proceedings-Order of single judge was affirmed.[S. 68, 143(1), 148, Art. 226]

Gem Edible Oils (P.) Ltd. v. ACIT (2023) 291 Taxman 242 (Mad)(HC) Editorial : Order of single Judge, Gem Edible Oils (P.) Ltd. v. ACIT (WP No. 10769 of 2022 dt. 27-4 2022)(Mad)(HC).

S. 147 : Reassessment-After the expiry of four years-Guarantee commission-Interest on borrowed capital-Disallowance of expenditure-Exempt income-Method of accounting-Income reconciliation as per Form 26AS-No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed.[S. 14A, 36(1)(iii), 37(1), 145, Form. 26AS, Art. 226]

P C Snehal Engineers (P.) Ltd. v. ACIT (2023) 291 Taxman 547 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Transfer-Joint development agreement-Reassessment notice and order disposing the objection was quashed. [S. 2(47)(v), 45(7), 148, Art. 226]

Chhaganlal Mulji Dholu v. JCIT (OSD) (2023) 456 ITR 465/291 Taxman 304/330 CTR 687/ 221 DTR 469 (Guj.)(HC)

S. 147: Reassessment-After the expiry of four years-No failure to disclose material facts-Annual accounts certified by the Chartered Accountant/ Auditor wherein a clear reference was made to the fact which was the subject matter of reopening-Notice and order disposing the objection was quashed. [S. 69A, 148, Art. 226]

Tumkur Minerals (P.) Ltd. v. JCIT (2023) 456 ITR 286/ 291 Taxman 340 /330 CTR 177 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Advertisement-Not open for the AO to reopen assessment based on very same material and to take a different view-Order of High Court affirmed. [S. 148, Indian Medical Council Act, 1956 read with Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Art. 136]

ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 203 (SC) ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 444 (SC) ITO v. Rich Feel Health & Beauty (P.) Ltd. (2023) 291 Taxman 436 (SC) Editorial: Rich Feel Health & Beauty (P.) Ltd. v. ITO (2022) 440 ITR 41 / 284 Taxman 286 (Bom)(HC), affirmed.

S. 147: Reassessment-Notice after the expiry of four years-Revision proceedings was dropped by the PCIT-Sanction given for reassessment on same ground-Non application of mind-SLP of revenue dismissed. [S. 115JB, 143(3) 263 Art. 136]

ACIT v. Godrej and Boyce Manufacturing Co. Ltd. [2023] 453 ITR 14 / 293 Taxman 311 (SC) Editorial: Godrej and Boyce Manufacturing Co. Ltd (2023) 453 ITR 10 (Bom)(HC), is affirmed.

S. 145 : Method of accounting-Rejection of books of account-Equity trading, derivatives trading and real estate investment-Deletion of addition by the Appellate Tribunal-Question of fact.[S. 144, 260A, Code of Civil Procedure, 1908. S 100]

PCIT v. Conwood Medipharma (P.) Ltd. (2023) 291 Taxman 393 (Delhi)(HC)

S. 144C : Reference to dispute resolution panel-Limitation-Notice by Dispute Resolution Panel four years after direction by Tribunal-Barred by limitation-High Court has power to quash show-cause notice-Decisions of single judge affirmed-SLP is granted to the Revenue. [S. 92C, 92CA, 144C(13), 153, 254(1), Art. 136]

CIT. v. Roca Bathroom Products P. Ltd (2023) 291 Taxman 529 (SC) Editorial : Refer CIT. v. Roca Bathroom Products P. Ltd (2022) 445 ITR 537 / 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Dy. CIT v. Freight Systems (India) P. Ltd. (2022) 445 ITR 537/ 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Decisions of single judge affirmed, CIT. v. Roca Bathroom Products P. Ltd (2021) 432 ITR 192 (Mad)(HC)/ Dy. CIT v. Freight Systems (India) P. Ltd. (2021) 18 ITR-OL 468 (Mad)(HC)

S. 144B : Faceless Assessment-Order was passed within short period of two days from issuance of notice-Violation of principle of natural justice-Assessment order was quashed and set aside.[143(3), Art. 226]

Rahim Saib Hiryaur Hyder Ali v.NFAC (2023) 457 ITR 253/291 Taxman 175 (Karn)(HC)