S. 143(3) : Assessment-Merger-Intimated to Department Authorities-Order of assessment on company which had merged and ceased to exist-Order is not valid-Not curable defect. [S. 143(2), 292B]
CIT v. Sony Mobile Communications India Pvt. Ltd. (2023) 456 ITR 753/150 taxmann.com 145 (Delhi)(HC)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 142(2A) : Inquiry before assessment-Special audit-Remuneration of special auditor to be determined by competent authorities of department-Micro and Small Enterprises Facilitation Council has no jurisdiction to refer to arbitration though Chartered Accountant firm registered as micro enterprise. [S. 142(2D), Rule 14B, Micro, Small and Medium Enterprises Development Act, 2006, S. 2(d), 15,18(3), 20, 24, Art. 226]
PCIT v. Micro and Small Enterprise Facilitation Council (2023)456 ITR 207/152 taxmann.com 177 / 333 CTR 572(Delhi)(HC)S. 139 : Return of income-Permanent Account Number as association of persons-Application for new Permanent Account as charitable organisation-Earlier permanent Account Number is not surrendered-Assessment is valid. [S. 12AA, 139A, Art. 226]
vBright Educational and Welfare Society v. PCIT (2023)456 ITR 406/ 155 taxmann.com 286/ 333 CTR 427 (Pat)(HC)S. 132 : Search and seizure-Territorial jurisdiction-Notification No. S. O. 2914(E) Dated 13-11-2014-Extension of territorial jurisdiction only in respect of place of search-No extension of territorial jurisdiction with regard to assesses-Search warrant in form no 45 issued by Deputy Director (Investigation)Bangalore and the assessee is in jurisdiction of Officers of Chennai-Search action is held to be illegal. [S. 120,132(IA), Form No 45, Art. 226]
Anil Jain v. PDIT (Inv) (2023)456 ITR 274 / 223 DTR 241 / 331 CTR 677 / 150 taxmann.com 284 (Mad)(HC)S. 119 : Central Board of Direct Taxes-Return-Delay in filing return-Genuine hardship-Delay of 15 days-Board is directed to consider the application for condonation of delay. [S.119(2)(b),139, Form No 10IC, Art. 226]
Deeprock Tms Pvt. Ltd. v. PCIT(2023)456 ITR 701 /152 taxmann.com 234 / 333 CTR 198(Telangana)(HC)S. 80IC : Special category States-Manufacture-Production–Most of manufacture carried out outside specified area-Not entitled to deduction.
CIT v. Usha Infrasystems (2023)456 ITR 163 /146 taxmann.com 473 (HP)(HC)S. 80IC : Special category States-Backward area-Value added tax remission-Eligible for deduction.
CIT v. Barak Valley Cements Ltd. (2023)456 ITR 665/(2022) 145 taxmann.com 28 ((Cal)(HC)S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Generation of power-Interest on Bonds issued by Grid Corporation in lieu of unpaid energy bills-Eligible for deduction. [S.80IA (iv)(a),80IB, 80IC]
Odisha Power Generation Corporation Ltd. v. ACIT (2023)456 ITR 495 /[2022] 138 taxmann.com 341(Orissa)(HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Orissa Power Generation Corporation Ltd. (2024) 298 Taxman 273 (SC)S. 80IA : Industrial undertakings-Books of account not rejected-
Capping of profits by Assessing Officer is not proper.[S.80IA(10), 145]
S. 69 : Unexplained investment-Bogus purchases-Accommodation entries-Estimation of 12.5 Per cent on alleged bogus purchases is affirmed. [S. 69C]
PCIT v. Ashwin Purshotam Bajaj (2023)456 ITR 365 /155 taxmann.com 478 (Bom)(HC)