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. 154 : Rectification of mistake-Mistake apparent from the record-Source of investment-Accepted in original assessment proceedings-Change of opinion is not possible.

Kanta (Smt.) v. ITO (2024)111 ITR 77 (SN)(Delhi)(Trib)

S. 153D: Assessment-Search-Approval granted by Joint Commissioner of Income-tax in the case of 49 assessees on the same date on which draft assessment order was passed by the AO-Non application of mind-Assessment order is invalid-CBDT Circular no. 3 of 2008 dated 12.3.2008.[S. 132, 153A]

SMW Ispat P. Ltd. v. Asst. CIT (2024) 112 ITR 224 (Pune)(Trib.)/Dy.CIT v. Sangam Infratech P. Ltd (2024) 112 ITR 224 (Pune)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Date of satisfaction note is to be reckoned as date of handing over of materials for purpose of assumption of jurisdiction-Time limit of calculating six years was to be calculated from this date-Assessment year 2008-09 is time barred-No incriminating documents-Addition is deleted. [S. 68, 132]

CIT (Asst.) v. Enpro Telecom P. Ltd. (2024) 111 ITR 400 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person-Search-No incriminating material is found-Addition is not valid [S.132, 153A]

Krishna Murari Choudhary v. ACIT, (2024) 111 ITR 262 (Ranchi)(Trib.)

S. 153A: Assessment-Search-Unexplained expenditure-Payment of commission-Bogus sales-Gross profit offered to tax-Gross profit is available to set off-Unaccounted advances paid to employees-Only remaining amount is taxable-Stock-Valuation at average rate of method is acceptable-Addition is deleted-Undisclosed income is accepted-Further addition towards purchases is not justified. [S. 69, 69C, 132, 133]

Seo Lehenga House v Dy. CIT (2024) 111 ITR 681 (Chd)(Trib)

S. 153A-Assessment-Search-Unabated assessment-No incriminating material-Addition is not valid.[S. 132]

ACIT v. Dynamic Infraplanners Pvt. Ltd. (2024) 112 ITR 174 (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Beyond three years-Specified Authority-Sanction by Principal Commissioner of Income Tax-Reassessment notice and order is bad in law.[S.148, 148A(b), 148A(d), 151(ii)]

Parinee Housing Pvt. Ltd v. Dy. CIT (Mum)(Trib)

S. 148 : Reassessment-Notice-Additional ground-Legal issue-Time for issue notice under Section 143(2) against original return had not lapsed-Reassessment notice is bad in law-Limitation-Time-limit to be reckoned from date of return whether filed under Section 139(1) or 139(5) or in response to notice under section 142(1). [S. 139(1),139(2),139(5), 142(1), 143(2) 147]

Ubmc Trust Association v. ITO (E) (2024)111 ITR 66 (SN)(Bang)(Trib)

S. 147 : Reassessment-Substantial difference in consideration shown on registered sale deed and sale agreement-Reassessment is valid-Cash credit-Unexplained investment-Source is established-Addition is deleted.[S. 68,69, 148]

Geeta Devi Sharma (Smt.) v. ITO (2024) 111 ITR 106 / 159 taxmann.com 483 (Jaipur)(Trib.)

S. 147 : Reassessment-With in four years-No specific query was raised in the course of original assessment on which the reassessment is initiated-Reassessment is valid-Electrical installations-Entitle to depreciation at 15%-On merits additions are set aside to the file of Assessing Officer. [S. 2(47), 14A, 32, 40(a)(i), 148]

Mahindra Holidays & Resorts Ltd v. DCIT (LTU) (2024) 112 ITR 582 (Chennai)(Trib.)