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. 144B : Faceless Assessment-Natural justice-No show cause notice was issued-Order passed without following mandatory procedure-Order was quashed. [Art. 226]

Abacus Real Estate (P.) Ltd. v. Dy. CIT (2022) 284 Taxman 654 (Bom.)(HC) Editorial ;Dy. CIT v. Abacus Real Estate Pvt. Ltd. (2023)453 ITR 224 (SC),decision of the Bombay High Court is modified and matter remanded .

S. 92C : Transfer pricing-Arm’s length price-Adjustments-Comparable-Tribunal correctly applied the principle and decided on facts-No question of law Stricture-Court directed that the Commissioner of Income-tax and CIT (Judicial) would well to review all appeals filed and with draw the same if it is on facts and settled law. The Court also directed the Counsel of Revenue to serve a copy of this order on the law Secretary (Government of India), Central Board of Direct Taxes, Principal Chief Commissioner of Income tax (Maharashtra) and CIT (Judicial) for necessary action. [S.92CA, 260A]

PCIT v. 3I India Ltd. (2022) 445 ITR 504284 Taxman 487 (Bom.)(HC).Editorial : SLP of Revenue dismissed , PCIT v. 3I India Ltd(2022) 289 Taxman 295 ( SC)

S. 37(1) : Business expenditure-Expenses in providing free gifts Facilities to Medical Practitioners-Allowable as deduction-Expenses prohibited by law-Oppressive circulars would have prospective application.

PCIT v. Goldline Pharmaceuticals Pvt. Ltd. (2022) 441 ITR 543 / 210 CTR 57 / 324 CTR 640 / 286 Taxman 345 (Bom.)(HC)

S. 263: Commissioner – Revision of orders prejudicial to revenue – Payment to specified persons – Revision proceedings cannot travel beyond the reasons given in show cause notice- 0rder of Tribunal is affirmed [ S. 40A(2)(b ) ]

PCIT v. Universal Music India Pvt. Ltd. (Bom)(HC) www.itatonline .org Editorial: CIT v. Amitabh Bacchan ( 2016) 384 ITR 200/ (69) taxmann.com 170 (SC) distinguished.

Interpretation of taxing statutes – Non obstante clause – Additional tax on distributed profits [ S. 2(22)(a), 115-O, Small Industries Development Bank of India Act, 1989, S. 29(2), 50 ]

Small Industries Development Bank of India v. CBDT (2022) 441 ITR 80/ 285 Taxman 113// 209 DTR 171/ 324 CTR 317 (Bom) (HC)

S. 151 : Reassessment – Sanction for issue of notice -No prior sanction was granted before issue of notice – Notice was quashed [ S. 147, 148 , Art, 226 ]

Svitzer Hazira ( P) Ltd v. ACIT ( 2022)441 ITR 19/ 285 Taxman 393/ 211 DTR 387 / 326 CTR 96( Bom)( HC)

S. 147 : Reassessment – Bad debts- Audit objection- Provision for standard asset / advances under general loan loss provision excluding provision for NPA and claiming deduction – Order of Tribunal quashing the reassessment was affirmed . [ S. 35D, 36(1)viia), 148, 260A]

PCIT v. Yes Bank Ltd ( 2022) 285 Taxman 434 ( Bom)( HC)

S. 147 : Reassessment – Block assessment – Deduction disallowed in the block assessment order – Reassessment notice is bad in law [ S.80HHA, 80I, 80IA, 132, 143(3), 148, 158BA, 158BC , Art, 226 ]

Sanghvi Woods Ltd. v. ACIT (2022) 285 Taxman 252/ 209 DTR 233/ 324 CTR 332 (Bom) (HC )

. 147 : Reassessment –With in four years- HUF -Partner – Interest paid to partner -Materials were on face of a document available before Assessing Officer – Reassessment notice was quashed [ S. 148 ,184 Art, 226 ]

S. A. Developers v ACIT (2022) 285 Taxman 238 (Bom) (HC)

S.147: Reassessment – After the expiry of four years – Tax audit report – No new material – Notice was quashed [ S.115JB, 148, Art, 226 ]

Acron Developers ( P) Ltd v. Dy.CIT (2020) 285 Taxman 411 (Bom)(HC)