S. 153 : Assessment-Reassessment-Limitation-Order was passed beyond the period of nine months-Order is bad in law.[S. 147, 148, 153(2)]
Mohd. Arif v. ITO (2022) 219 TTJ 485 / 217 DTR 104 (Raipur)(Trib)S. 153 : Assessment-Reassessment-Limitation-Order was passed beyond the period of nine months-Order is bad in law.[S. 147, 148, 153(2)]
Mohd. Arif v. ITO (2022) 219 TTJ 485 / 217 DTR 104 (Raipur)(Trib)S. 153 : Assessment-Limitation-Threshold monetary limit of Rs. 5 crores not available to characterise transactions with associated enterprises as specified domestic transactions-Order is nullity and barred by limitation. [S. 92BA, 92CA(3)]
Garg Acrylics Ltd. v. Add. CIT (2022)96 ITR 61 (SN) (Delhi)(Trib)S. 153 : Assessment-Reassessment-Limitation-Ante-dated order-Direction of Addl. CIT-AO in April, 2015 and signed by pre-dating it as 30th March, 2015-Assessment order was time barred and quashed. [S. 147, 148, 153(2)]
Dy. CIT v. Clarion Technologies (P) Ltd. (2022) 216 TTJ 23 (UO) (Pune)(Trib)S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction of Prescribed Authority-Failure by Assessing Officer to obtain approval of prescribed authority Qua “Reasons to believe”–Reassessment Invalid-Assessment is liable to be quashed. [S. 147 148]
Ramesh Kumar v. ITO (2022) 95 ITR 79/ 218 TTJ 749 (Amritsar)(Trib)S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Valid sanction-Sanction received from JCIT instead of PCIT/CCIT/CIT-Law in force on the date of issue of notice is applicable-Reassessment notice is valid-Source of deposit not substantiated-Addition as cash credit affirmed. [S. 68, 148, 151(2)]
Shyam Gidwani v. ITO (2022)98 ITR 665 (Jaipur) (Trib)S. 148 : Reassessment-Notice-Improper manner of service of notice and non service of notice to the relevant database address of the assessee-Order was quashed. [S. 144, 282, 292BB, Order V, rule 17 of the Code of Civil Procedure, 1908]
Sohan Lal Bhatoya v. ITO (2022) 220 TTJ 1155 / 219 DTR 233(Amritsar)(Trib)S. 148 : Reassessment-Notice-Recorded reasons not supplied–Assessment order was quashed. [S. 147, 68, 69C 133A]
Beekay Enterprises v. ACIT (2022) 95 ITR 21 (Pune)(Trib)S. 148 : Reassessment-Notice-Recorded reasons not supplied-Reassessment is not valid [S. 147]
ACIT v. Beekay Enterprises (2022)95 ITR 21 (SN(Pune) (Trib)S. 148 : Reassessment-Notice-Validity-Incorrect bank transaction in the form of bank deposits-Wrong facts recorded for formation of belief that income has escaped assessment-Reassessment was quashed [S. 147, 148]
Sourav Bakshi v. ITO (2022) 95 ITR 279 (Amritsar)(Trib)S. 148 : Reassessment-Notice-Jurisdiction assumed on issue of notice not on its service-Order is valid-Address shown on Permanent Account Number database at relevant time mentioned in memorandum of appeal and even replies furnished during appellate proceedings-No satisfactory explanation for claim that notice was sent to wrong address. [S. 147, 149, R. 127]
ACIT v. Kamlesh Kumar Sahu (2022) 96 ITR 53 (SN) (Jabalpur) (Trib)