S. 143(2) : Assessment – Notice – Failure to issue notice – Assessment is held to be bad in law [ S. 132, 153A] S. 143(2) :
PCIT v. Param Dairy Ltd ( 2021 ) 439 ITR 89/200 DTR 118 / 320 CTR 843 ( Delhi )(HC)S. 143(2) : Assessment – Notice – Failure to issue notice – Assessment is held to be bad in law [ S. 132, 153A] S. 143(2) :
PCIT v. Param Dairy Ltd ( 2021 ) 439 ITR 89/200 DTR 118 / 320 CTR 843 ( Delhi )(HC)S. 147 : Reassessment –With in four years- Based on the information collected in the course of survey –Alternative remedy – Reassessment notice was held to be valid – Writ was dismissed . [ S.133A, 148 , Art , 226 ]
Precision Engineering v . ACIT ( 2021 ) 319 CTR 217 / 198 DTR 311 (Chhattishgarh )(HC) Editorial : Order of Single Judge Precision Engineering v . ACIT ( 2020 )427 ITR 198/ 196 DTR 371/ 319 CTR 219 (Chhattishgarh )(HC) Aaditya Construction v. PCIT (2020) 427 ITR 198 / 196 DTR 371 (Chhattisgarh)(HC)S. 10B: Export oriented undertakings – Period of tax holidays -Entitle to deduction for ten consecutive years from assessment year in which relief was first claimed and not when manufacture was commenced. [ S.10B(7) ]
SaintGobainCrystals & Detectors (I) Ltd v . Dy .CIT ( 2021 )198 DTR 40/ 319 CTR 20 / 123 taxmann.com 206 ( Karn ) (HC)The Direct Tax Vivad Se Vishwas Act, 2020.
S. 2(1)(a): Appellant – Pendency of appeal – Appeal was filed along with condonation of delay – Wrongly equated with admission of appeal with pendency – Appeal would be pending as soon as it is filed and up until such time it is adjudicated upon and a decision is taken qua the same.- Order of rejection was held to be bad in law [ S. 3, 4(1) , Art , 226 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains- Investment in a residential house -More than two houses – Possible view – Revision order was held to be not valid [ S.54F]
PCIT v. Hema Krishnamurthy (Smt) (2021) 202 DTR 89 / 322 CTR 347 (Karn)(HC)S. 245R : Advance rulings – Application – Pendency of proceedings – Issue of notice u/s 143 (2)- Application is not barred for entertaining the application . [ S. 143(2), 245R(2) ]
Centrient Pharmaceuticals Netherlands B.V. In re (2021) 200 DTR 37 (AAR)S. 244A : Refund – Interest on refunds – Tax deduction at source – Directed to complete the process of refund along with applicable interest within a period of two weeks from the receipt of the order . [ S. 143(1), Art , 226 ]
Tata Communications Ltd v. UOI (2021) 201 DTR 185/320 CTR 683 (Bom.) (HC)S.241A: Refund- Withholding of refund in certain cases -Notice issued u/s 143 (2)- Refund cannot be withheld – Directed to refund the amount within ten days of receipt of copy of judgement ..[ S. 143(1) ,143 (2), Art , 226 ]
Ingenico International India (P) Ltd. v. Dy. CIT (2021) 200 DTR 1 / 319 CTR 665 (Delhi) (HC)S. 148 : Reassessment –Notice- Failure to file return by the partnership firm – Notice cannot be issued to individual partners to file the return- Notice was quashed .[S.44AD, 139, 147 , Art , 226 ]
Niharahemad Varjikhan Pathan v. ITO (2021) 199 DTR 153 / 320 CTR 697 (Guj.)(HC)S. 147 : Reassessment – Survey – Various documents – Business connection in India- Notice issued to file the return was held to be valid . [ S. 5(2). 6(3), 9(1)(i), 92CA(3), 148,151, Art , 226 ]
Watnamal Boolchand & Co. Ltd v. ACIT (IT) (2021) 202 DTR 321 / 321 CTR 548 (Mad.)(HC)