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-After the expiry of four years-Business expenditure-Penalty imposed for breach of a civil obligation would be outside purview of Explanation 1 to section 37(1)-Assessing Officer who had specifically gone into the allowability of the claim-A mere assertion in the absence of any material would not constitute a ‘tangible material’ for purposes of reopening an assessment-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 143(3), 148, Art. 226]
Tata Consultancy Services Ltd. v. Dy. CIT (2023) 294 Taxman 190 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-CSR expenditure-Prior period gain /loss-No failure to disclose material facts-Provision of Explanation 2 to section 37(1) inserted with effect from 1st April 2015 operates prospectively, from assessment year 2015-16-Reassessent notice and order disposing the objection was quashed. [S. 37 (1), 148 Art, 226, Companies Act, 2013, S. 135]
Maharashtra State Power Generation Co. Ltd. v. Asst. CIT (2023) 294 Taxman 558 (Bom.)(HC)
S. 147 : Reassessment-Residential Status-Resident or non-resident-Service of notice on chartered Accountant-Reassessment notice was held to be valid-Interest-Levy of interest-Automatic-Working in ITNS 150 forming part of assessment order was proper-Sikkim-Commission-Burden not discharged-Round tripping of funds-Liable to tax in India-Review petition is dismissed. [S. 2(35), 5, 6(3)(ii), 131, 142(1), 143(2), 148, 234A, 282]
Mansarovar Commercial (P.) Ltd. v. CIT (2023) 294 Taxman 513 (SC) Editorial : Mansarovar Commercial (P.) Ltd. v. CIT (2023) 453 ITR 661/ 293 Taxman 312 (SC).
S. 147 : Reassessment-After the expiry of four years-Amount payable to sundry creditors-Cessation of liability-No new information-SLP of Revenue is dismissed. [S. 41(1), 148, Art. 226]
ACIT v. Meer Gems (2023) 459 ITR 1 / 294 Taxman 606 (SC) Editorial : Refer, Meer Gems v. ACIT (2022) 446 ITR 754/ 287 Taxman 689 (Bom.)(HC)
S. 145 : Method of accounting-Deduction of tax at source-Tax deducted is income received-Running bills-AO was not justified in making addition on account of difference in payment received as per Form 26AS and books of accounts without verifying total contract amount and relevant bills. [S. 198, Form No. 26AS]
PCIT.v. MBC Infra Space (P.) Ltd (2023) 294 Taxman 358) (Guj)(HC)
S. 144B : Faceless Assessment-Natural justice-Specific request to afford an opportunity of personal hearing through video conference-Order is set aside. [S.144B(6)(viii), Art. 226]
Maheshkumar Bhagvandas Patel v. ITO (2023) 294 Taxman 376 (Guj)(HC)
S. 144B : Faceless Assessment-Unexplained investments-Reassessment-Personal hearing was not provided-Assessing Officer was to be directed to grant personal hearing and pass assessment order on merits by taking appropriate facts. [S. 69, 147, 148, Art. 226]
R. Rajasekaran v. Addl.CIT (2023) 294 Taxman 60 (Mad.)(HC)
S. 143(3) : Assessment-Limited scrutiny-Notice was issued for proposed addition-Notice issued under section 143(2) is held to be valid. [S. 68, 1432), Art. 226]
Angusamy Gounder Subbu Rathinamun v. ACIT (2023) 294 Taxman 34 (Mad.)(HC)
S. 143(3) : Assessment-Order passed on same day of fixing date of hearing-Matter remanded to the Assessing Officer. [Art. 226]
Prema Rengarajan v. Dy. CIT (2023) 294 Taxman 104 (Mad.)(HC)