S. 143(3): Assessment-Amalgamation of companies-Order in the name of a non-existent company-Assessment framed in name of amalgamated company-Held to be invalid.
ITO v. IFGL Refractories Ltd. (2022)98 ITR 209 (Kol) (Trib)S. 143(3): Assessment-Amalgamation of companies-Order in the name of a non-existent company-Assessment framed in name of amalgamated company-Held to be invalid.
ITO v. IFGL Refractories Ltd. (2022)98 ITR 209 (Kol) (Trib)S. 220 : Collection and recovery – Assessee deemed in default – Levy of interest – Order set aside and remanded – Interest payable from fresh assessment order [ S. 220(2), 254(1) ]
PCIT v . AT and T Communication Services (India) Pvt. Ltd. (2023)451 ITR 92 / 291 Taxman 495 /332 CTR 129/ 224 DTR 249 (Delhi)(HC)S. 143(3) : Assessment-Validity-Assessment pursuant to revision order of CIT-Additions made with respect to issues out of the subject matter of revision order not justified-Deletion of addition. By CIT(A) is justified. [S. 263].
Dy. CIT v. Brahma City Pvt. Ltd. (2022)98 ITR 451 (Delhi) (Trib)S. 143(2): Assessment-Notice-Validity-Notice issued by Assessing Officer by E-Mail and affixture on same date-Notice served through E-mail taken as delivered on same day-Notice not defective. [S. 143(3)]
Gunwant Kaur v. CIT (2022) 96 ITR 21 (SN)(Amritsar) (Trib)S. 143(2) : Assessment-Notice-Notice served after due date-barred by limitation-Notice not justified-Quashed. [(Prior To Amendment By Fa, 2016 W. E. F. 1-6-2016)]
Uttam Enterprises Pvt. Ltd. v. ACIT (2022)97 ITR 398/ 218 TTJ 9 (UO) (Delhi) (Trib)S. 143(2) : Assessment-Notice-Notice issued by Assessing Officer returned unserved cannot be treated as service of notice.[s. 292BB, General Clauses Act, 1897, S. 27]
AMBA Construction Co. v. CIT (2022)100 ITR 295 (Trib) (Delhi)(Trib)S. 143(1) : Assessment-Intimation-Prima facie adjustment Employees contribution to EPF/ESI-Adjustment is held to be valid [S. 36(1)(va), 43B, 143(1)(a)]
Cemetile Industries. v. ITO (2022) 220 DTR 265 / 220 TTJ 801 / (2023) 198 ITD 322 (Pune) (Trib.) Late Dhannang Shankar Ganesh v. Dy.CIT (2022) 220 DTR 313 / 220 TTJ 813 (Chennai)(Trib)S. 143(1) : Assessment-Intimation-credit for deduction of tax at source-Assessing Officer should give an opportunity to file tax credit certificates and consider claim of assessee. [Form No, 26AS]
Mayajaal Entertainment Ltd. v. Dy. CIT (2022)95 ITR 86 (SN)(Chennai) (Trib)S. 143(1) : Assessment-Intimation-Adjustment made by CPC-disallowance of expenditure-Assessing the Trust as an AOP-Adjustment was directed to be deleted-Application u/s 154 of the Act was allowed.[S. 2(31), 12A, 57, 154, 167B]
Sanatan Dharam Mandir Sabha v. ITO (SMC) (SN) (2022) 95 ITR 64 (Delhi)(Trib)S. 142A : Estimate of value of assets by Valuation Officer-Fair market value-Property having high rental value in market and huge commercial viability-Circle rate not indicative of market value-Comparable sale instance better indication of realisable value.
Young Indian v. ACIT (E) (2022)95 ITR 33 (SN)/218 TTJ 1 (Delhi)(Trib)