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-Industrial undertakings-Infrastructure development-Port facility-Compensation in respect of damages to wharf-Change of opinion-Reassessment notice and order disposing the objection is quashed.[S.80IA, 148, Art. 226]

Chennai Container Terminal (P.) Ltd. v. ACIT (2024) 297 Taxman 405 /463 ITR 574 (Bom.)(HC)

S. 147 : Reassessment-Double taxation avoidance agreements-Tax Residency Certificate granted by another country-Binding on Income-Tax Authorities in India-Notice of reassessment is not valid-DTAA-India-Singapore-Notice issued in SLP filed by the Revenue-SLP granted to the Revenue. [S. 90(2), 133(6), 148, Art. 13(4) Art. 136]

ACIT v. Blackstone Capital Partners (Singapore) Vi Fdi Three Pte. Ltd (2024) 297 Taxman 223 (SC) ACIT v. Blackstone Capital Partners (Singapore) Vi Fdi Three Pte. Ltd (2024) 297 Taxman 387 (SC) Editorial : Blackstone Capital Partners (Singapore) Vi Fdi Three Pte. Ltd. v ACIT (IT) (2023)452 ITR 111/ 331 CTR 1/222 DTR 265 / 146 taxmann.com 569 (Delhi)(HC)

S. 147 : Reassessment-With in four years-corporate social responsibility expenses-Reopening was without application of mind-Reassessment notice and order disposing the objection is quashed-SLP of Revenue is dismissed, [S. 148, Companies Act, 2013, S. 135 Art.136]

ACIT v. Adani Power Maharashtra Ltd. (2024) 297 Taxman 394 / 460 ITR 729 (SC) Editorial : Adani Power Maharashtra Ltd v. ACIT (2023) 294 Taxman 414 (Guj)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Reassessment is barred by limitation-SLP of Revenue is dismissed. [S. 145, 148 Art. 136]

ACIT (OSD) v. Durr India (P.) Ltd. (2024) 297 Taxman 58 (SC) Editorial : Durr India (P.) Ltd v. ACIT (2023) 152 taxmann.com 303/ 455 ITR 460 (Mad)(HC)

S. 147 : Reassessment-After the expiry of four years-Losses-Capital gains-Losses carried forward-No failure to disclose material facts-Notice must specify facts which had not been disclosed-Notice not valid-SLP is granted to the Revenue. [S.72, 143(3), 148, Art. 136]

ACIT v. Noshir Darabshaw Talati (2024) 159 taxmann.com 390/ 297 Taxman 390 (SC) Editorial : Noshir Darabshaw Talati v. ACIT (2023)459 ITR 742 /150 taxmann.com 16 (Bom)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Once objections have been filed by assessee against a draft assessment order within time limit prescribed under section 144C(2)(b), final assessment order should have been passed by Assessing Officer post receipt of direction from DRP-Matter remanded. [Art. 226]

Pepsico India Holdings (P.) Ltd v. NFAC (2024) 297 Taxman 76/465 ITR 622 (Delhi)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Objections against draft assessment order were filed-Copy of objections could not be placed before Assessing Officer-Assessment order was quashed and Assessing Officer is to be directed to await decision of DRP before issuing a fresh assessment order. [Art. 226]

PAR Formulations (P.) Ltd v. NFAC(2024) 297 Taxman 401 (Mad)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Filed objections to proposed variation only with DRP and a copy of same was not marked to AO-Objections filed with DRP would result in directions to AO-AO must complete assessment in light of directions as envisaged under section 144C(13).[S.144C(13),Art. 226]

Google India (P.) Ltd v. NFAC (2024) 297 Taxman 26 (Mad)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Passing of final order-Contrary to law-Mistake could not be cured-Notice is issued in SLP filed by the Revenue [S. 156, 292B, Art. 136]

CIT v. Cisco Systems services B.V (2024) 297 Taxman 399 (SC) Editorial : CIT (IT) v. Cisco Systems services B.V. (2023) 456 ITR 50/ 293 Taxman 85/334 CTR 52 (Karn)(HC)

S. 144B : Faceless Assessment-Principle of natural justice-Opportunity of hearing-Objections are not uploaded due to technical reasons-Order is set aside-Assessing Officer is directed to pass the order after direction from DRP.[S.144C(2), Art. 226]

Renaissance Global Ltd. v. NFAC (2024) 297 Taxman 80 (Bom.)(HC)