S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Validity of notice-section 148A would not apply till limitation prescribed under section 148 does not lapse or expire-Notice has stayed-Matter was adjourned to 24-1-2022. [S. 132, 148, 151, Art, 226]
JSVM Plywood Industries Ltd. v. ACIT (2022) 209 DTR 166 / 324 CTR 228 (Gau.)(HC)
Digest of case laws
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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. 148A : Reassessment-Conducting inquiry, providing opportunity before issuing of notice-Natural justice-Not considered the material available on record passed order, needs to be set aside for consideration. [S. 148, 148(d), Art. 226]
Lalit Kumar Poddar v. ITO (2022) 213 DTR 343 / 326 CTR 659 (Delhi)(HC)S. 148 : Reassessment-Notice-Notice issued in the name of a dead person-Reassessment was invalid .[S. 144, 147, Art. 226]
Late Shobha Mehta (Through Legal Heir Sh. Kanhaya Lal Mehta) v. ACIT (2022) 218 DTR 262/(2023) 335 CTR 1110 (Raj.)(HC)S. 147 : Reassessment-After the expiry of four years-Penny stock-Information from investigation wing-Fresh material-No change of opinion-Reassessment notice is valid. [S. 148, 151, Art. 226]
Mamta Gupta v. NFAC (2022) 217 DTR 54 (Delhi)(HC)S. 144B : Faceless Assessment-A bonafide request made for personal hearing through video conferencing on the portal-window for submitting reply was closed before the stipulated time-A gross violation of principles of natural justice-Order was quashed and set aside. [S. 148, Art. 226]
Ramesh Chandra v. NFAC (2022) 216 DTR 293 / 327 CTR 744 (Raj.)(HC) Mahaveer Infra Engineering (P) Ltd v. NFAC (2022) 216 DTR 293 / 327 CTR 744 (Raj.)(HC)S. 12AA : Procedure for registration-Trust or institution-Registration was granted after considering the genuineness Of institution-Cancellation of registration on the same provisions in the trust deed is not valid-Appeal To Appellate Tribunal-Powers Of Tribunal-Appellate Tribunal-Tribunal cannot make own case de novo. [S. 11(IA), 12AA(3), 254(1)]
Sri Ramjanki Tapovan Mandir v. CIT(E) (2022) 329 CTR 745 / 220 DTR 49 / (2023)451 ITR 458/ 290 Taxman 317 (Jharkhand)(HC)Black Money [Undisclosed Foreign Income and Assets] and Imposition of Tax Act, 2015
S.10: Assessment – AO must issue notice within thirty days from the end of the financial year in which he became aware of the foreign assets. If issued beyond 30 days, it must be with prior approval by the Pr. DIT or Pr. CIT [ S. 11(1) ]
S. 199 : Deduction at source – clubbing of income -Credit for tax deducted -Non -furnishing of the declaration by the deductee to the deductor – Credit for deduction of tax at source cannot be denied [ S. 64 , Rule 37BA(2) Form 26AS ]
Anil Ratanlal Bohra v .ACIT ( 2023) BCAJ- March – 31 ( Pune)( Trib)S. 154 : Rectification of mistake -Mistake apparent from the record -Credit for TCS -Rule applicable to TDS should also be applicable TCS- Denial of claim for TCS is not valid [ S. 199, Rule , 37BA(2)(i) ]
Hotel Ashok Garden v . ITO ( 2023 ) BCAJ -March P. 30 ( Bang )( Trib)S. 115JC : Special provisions for payment of tax by certain persons other than a company- Provisions are applicable to projects approved before the introduction of the section . [ S.80OB(10) ]
DCIT v. Vikram Developers and Promoters ( 2023) BCAJ -March P. 32 ( Pune )( Trib)