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. 143(3) : Assessment-Validity-Assessment pursuant to revision order of CIT-Additions made with respect to issues out of the subject matter of revision order not justified-Deletion of addition. By CIT(A) is justified. [S. 263].
Dy. CIT v. Brahma City Pvt. Ltd. (2022)98 ITR 451 (Delhi) (Trib)
S. 143(2): Assessment-Notice-Validity-Notice issued by Assessing Officer by E-Mail and affixture on same date-Notice served through E-mail taken as delivered on same day-Notice not defective. [S. 143(3)]
Gunwant Kaur v. CIT (2022) 96 ITR 21 (SN)(Amritsar) (Trib)
S. 143(2) : Assessment-Notice-Notice served after due date-barred by limitation-Notice not justified-Quashed. [(Prior To Amendment By Fa, 2016 W. E. F. 1-6-2016)]
Uttam Enterprises Pvt. Ltd. v. ACIT (2022)97 ITR 398/ 218 TTJ 9 (UO) (Delhi) (Trib)
S. 143(2) : Assessment-Notice-Notice issued by Assessing Officer returned unserved cannot be treated as service of notice.[s. 292BB, General Clauses Act, 1897, S. 27]
AMBA Construction Co. v. CIT (2022)100 ITR 295 (Trib) (Delhi)(Trib)
S. 143(1) : Assessment-Intimation-credit for deduction of tax at source-Assessing Officer should give an opportunity to file tax credit certificates and consider claim of assessee. [Form No, 26AS]
Mayajaal Entertainment Ltd. v. Dy. CIT (2022)95 ITR 86 (SN)(Chennai) (Trib)
S. 143(1) : Assessment-Intimation-Adjustment made by CPC-disallowance of expenditure-Assessing the Trust as an AOP-Adjustment was directed to be deleted-Application u/s 154 of the Act was allowed.[S. 2(31), 12A, 57, 154, 167B]
Sanatan Dharam Mandir Sabha v. ITO (SMC) (SN) (2022) 95 ITR 64 (Delhi)(Trib)
S. 142A : Estimate of value of assets by Valuation Officer-Fair market value-Property having high rental value in market and huge commercial viability-Circle rate not indicative of market value-Comparable sale instance better indication of realisable value.
Young Indian v. ACIT (E) (2022)95 ITR 33 (SN)/218 TTJ 1 (Delhi)(Trib)
S. 142A : Estimate of value of assets by Valuation Officer-Reference to Department Valuation Officer-Unexplained expenditure-Reference for valuation of agricultural land purchased-Not valid-Commissioner (Appeals)-No power to change section under which Assessing Officer has assessed item of income. [S. 69, 69C 250, 251]
Toffee Agricultural Farms Pvt. Ltd. v. ITO (2022) 95 ITR 74(SN)/ 217 TTJ 850 / 213 DTR 337 / 141 taxmann.com 429 (SMC) (Delhi)(Trib)
S. 142(2A) : Inquiry before assessment-Special audit-Not pointed out any complexity-Reference to special audit, therefore is an invalid reference, contrary to law-Consequently, the assessment order passed in the extended period is barred by limitation and hence void [S. 143(2), 153]
Haryana State Industrial & Infrastructure Development Corpn. Ltd. v. ACIT (2022) 220 TTJ 217 (Chd)(Trib)