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. 151 : Reassessment – Sanction for issue of notice – Notice after four years -Capital gains – Sanction of prescribed Authority -Approval by Joint Commissioner held to be valid —SLP of Revenue dismissed. [S. 147, 148, 151(1), Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2002, Art. 136, 226]
Dy. CIT v. Sidhmicro Equities Pvt. Ltd. (2023)453 ITR 35 (SC) Editorial : Sidhmicro Equities Pvt. Ltd v.Dy.CIT (2023) 451 ITR 33(Bom)(HC), affirmed.
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Typographical errors -Will not invalidate notice -Writ petition was dismissed.[S. 147, 148,148A(d), 151 Art. 226]
V. S. Dhandapani and Son v. ITO (2023)453 ITR 277/ 292 Taxman 364 / 222 DTR 337 (Mad)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Alternative remedy -Writ petition was dismissed. [S. 147, 148, 148A(b), 148A(b), 148A(d), Art. 226]
Shiv Mettalicks Pvt. Ltd. v. PCIT (2023) 453 ITR 544 (Orissa)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Statutory duty cast upon Assessing Officer -Court cannot interfere at stage of notice- Writ petition was dismissed. [S. 147, 148, 148A(b), 148A(d), Art.226]
Midland Microfin Ltd. v. UOI (2023)453 ITR 150 (P&H)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice -Limitation -Decision of Supreme Court is binding – Grievances on merits to be agitated in reassessment proceedings before the Assessing Officer -Writ petition was dismissed. [147, 148, 148A(b), 148A(d), Art, 226]
Kailash Kedia v. ITO (2023)453 ITR 540 (Orissa)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Alternative remedy -Writ petition against show cause notice is not maintainable – Writ petition was dismissed. S. 147, 148 148A(d), 246A, Art, 226]
Harinder Singh Bedi v. UOI (2023)453 ITR 145 (MP)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Natural justice – Opportunity of hearing requested but not afforded -Opportunity of cross examination was to be granted – Order and notice was set aside -Matter remanded to Assessing Officer. [S. 147, 148, 148A(d), Art. 226]
Dinesh Kumar Goyal v. UOI (2023)453 ITR 535 (Cal)(HC)
S. 147 : Reassessment – After the expiry of four years-Information received from Investigation Wing-Assessee’s own statement during survey- Search of third party -Disputed question of fact- Alternative remedy -Writ petition was dismissed. [S. 132, 133A, 143(1), 148, 151(1), Art. 226]
Pavan Kishanchand Tulsiani v. UOI (2023)453 ITR 284 / 226 DTR 225 (Guj)(HC)
S. 147 : Reassessment -Notice after six years-Sanction-Notice dated 30-3-2021 issued under old provision after coming into effect of new provision from 1-4-2021 -UOI v. v. Ashish Agarwal(2022) 444 ITR 1 (SC) – Notice and subsequent orders and proceedings are quashed. [S. 148, 151, Art,226]
Salu Agarwal v. ITO (2023) 453 ITR 784 (Orissa)(HC) Editorial: SLP of revenue dismissed, ITO v. Salu Agarwal (2023) 433 ITR 786 (SC)