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-With in four years-Long term capital gains from equities-Instances of insider trading-Formation of opinion based on prima facie, but precise facts-Strong foundation for invoking reassessment-Challenge to notice was dismissed.[S. 10(38), 45, 148, Art. 226]

Munjal M Jaykrishna Family Trust v. ITO (2023) 293 Taxman 665 /333 CTR 364 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Transfer-Revaluation of asset-Estate development-Converted from inventory to fixed asset-Firm converted into company-Order of Tribunal quashing the reassessment was quashed. [S. 2(47), 45(1), 45(4),47(xiii), 148]

PCIT v. Salapuria Soft Zone (2023) 458 ITR 345/ 293 Taxman 739 /334 CTR 367/ 225 DTR 313 (Cal.)(HC)

S. 147 : Reassessment-With in four years-Compensation expenditure-Survey-Capital or revenue-Reopening of assessment on mere change of opinion — Impermissible — Notice was quashed and set aside. [S. 37(1), 133A, 147, Art. 226]

Anjis Developers Pvt. Ltd. v. CIT (2023)455 ITR 523 / 150 taxmann.com 112 (Bom)(HC) Editorial : SLP of Revenue is dismissed, CIT v. Anjis Developers (P.) Ltd. [2023] 293 Taxman 71 (SC)

S.147: Reassessment-After the expiry of four years-Share capital-No failure to disclose material facts-Reassessment order quashing the reassessment is affirmed. [S. 68, 143(3), 148, 260A]

PCIT v. South Delhi Promoters Ltd. (2023) 293 Taxman 123/(2024) 469 ITR 567 (Delhi)(HC)

S. 145 : Method of accounting-Consumption of leather-No suppression of material-Addition was deleted.

Sidhant Leather Exports (P.) Ltd. v. CIT (2023) 459 ITR 318 / 293 Taxman 412 (Cal.)(HC)

S. 144C : Reference to dispute resolution panel-Draft assessment order-Passing of final order-Contrary to law-Mistake could not be cured. [S. 156, 292B.]

CIT (IT) v. Cisco Systems services B.V. (2023)456 ITR 50 / 293 Taxman 85/334 CTR 52 (Karn)(HC) Editorial: Affirmed, Cisco Systems services B.V. v. Dy. CIT (IT)(2022) 194 ITD 135 (Bang)(Trib)/ Systems services B.V. v. Dy. CIT (IT)(2022) 193 ITD 809 (Bang)(Trib)/Delay of 424 days in filing of SLP , no explanation is offered for delay, SLP of Revenue is dismissed , CIT(IT) v. Cisco Systems Services B.V. India Branch(2024) 300 Taxman 359 (SC)

S. 144B : Faceless Assessment-Long term capital gains-Violation of principle of natural justice-Allowing the time of 12 hours-Holiday-There was gross violation of principles of natural justice-The final assessment order was quashed.[S. 263, Art. 226]

Dipak Natwarlal Dholakiya v. ACIT (2023) 293 Taxman 192 (Guj.)(HC)

S. 144B : Faceless Assessment-Neither draft assessment order nor show cause notice was issued-Assessing Officer was directed to initiate process from stage it was left by furnishing draft assessment order along with show cause notice-Matter remanded. [S. 143(3), Art. 226]

Shrenik Ltd. v. ITO (2023) 293 Taxman 397 (Guj.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-loss return-Condonation of delay of 36days-Affidavit of Charted Accountant-genuine-hardship-Delay in filing the of loss return was condoned. [S. 119(2)(b), 139, Art. 226]

ADCC Infocom (P.) Ltd. v. PCCIT (2023)458 ITR 456 / 293 Taxman 379/ 335 CTR 1009 (Bom.)(HC)

S. 80IB(10) : Housing projects-Failure to complete the housing project-Delay due to dispute of jurisdiction between AMC and AUDA over issuance of BU permission and after resolution of same AMC issued permission before due date of 31-3-2012-Order of Tribunal is affirmed-Return was filed within extended period as required to get TP report-Order of Tribunal allowing the claim was affirmed. [S. 92E, 139(1), 260A]

PCIT (C) v. Venus Infrastructure and Development (P.) Ltd. (2023) 152 taxmann.com 45 (Guj)(HC) Editorial : SLP of Revenue is dismissed, PCIT (C) v. Venus Infrastructure and Development (P.) Ltd. (2023) 293 Taxman 600 (SC)