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-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)S. 69 : Unexplained investments-Search-Reference to DVO-DDIT (Inv)-DDIT did not have power to make reference to DVO-Power was acquired only on 1-4-2017 by virtue of Finance Act, 2017 under section 132(9B)-Order of Tribunal deleting the addition was affirmed. [S. 132, 132(9B)]
PCIT v. Narula Educational Trust (2023) 292 Taxman 456 (Cal.)(HC)S. 68 : Cash credits-Failure to produce the farmers from whom the loan was taken-Direction of the Tribunal is not complied with-Order of Tribunal confirming the addition is affirmed. [S. 254((1), 260A]
Unideep Food Processing (P.) Ltd. v. ITAT (2023) 457 ITR 552 / 292 Taxman 213/ 331 CTR 345/ 223 DTR 485 (Orissa)(HC)S. 68 : Cash credits-Share capital-Statement during search-Statement was retracted-Order of Tribunal deleting the addition was affirmed. [S. 132(4), 260A]
PCIT v. Golden Goenka Fincorp Ltd. (2023) 292 Taxman 159 (Cal.)(HC)