S. 148 : Reassessment-Notice-Dead person-Notice issued for commencement of assessment or re-assessment proceedings against dead person is null and void. [S. 147, Art. 226]
Himadri Kandarp Mehta v. ITO (2022) 289 Taxman 514/ (2023) 457 ITR 92 (Guj.)(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. 147 : Reassessment-Business expenditure-Increase in freight charges vis-a-vis purchases-Change of opinion-No new material-Reassessment is bad in law. [S. 37(1), 148]
PCIT v. West Bengal Essential Commodities Supply Corporation Ltd. (2022) 289 Taxman 113 (Cal.)(HC)S. 147 : Reassessment-Cash deposit in bank-Denomination-Pendency of appeal-limited scrutiny-. No question was asked in the original assessment proceedings-Reassessment notice is held to be valid. [S. 69A, 148, Art. 226]
Sunil Jain. v. ITD (2022) 289 Taxman 688/ 20 ITR -OL409 (Delhi)(HC)/Editorial : SLP dismissed , Sunil Jain v. ITD (2023) 459 ITR 276 /295 Taxman 10(SC)S. 147 : Reassessment-SEB price used as indicator of realizable value of power for claim-Assessing Officer had elaborately questioned assessee on very same issue during scrutiny assessment and assessee had submitted relevant details and documents-No fresh material-Reassessment for review of original assessment is not valid. [S. 80IA, 148]
PCIT v. Graphite India Ltd. (2022) 289 Taxman 118 (Cal.)(HC)S. 147 : Reassessment-Transfer pricing-Reference to TPO-Section 144C(4) only states that AO has to pass an assessment order in accordance with provisions of Act and it nowhere states that reopening notice can be issued only after passing an assessment order-Reassessment notice is held to be valid. [S. 92CA, 144C (4), 148, Art. 226]
Kone Elevator India (P.) Ltd. v. ACIT (2022) 289 Taxman 411/(2023) 450 ITR 338/ / 332 CTR 328/ 226 DTR 189 ( (Mad)(HC)S. 147 : Reassessment-Mark-to-Market loss-No new material-Notice for reassessment and order disposing the objection was quashed. [S. 14A, 37(1), 72, 148, Art. 226]
Cognizant Technology Solutions India (P.) Ltd. v. ACIT (2022) 289 Taxman 660/ (2023) 453 ITR 372 (Mad.)(HC)S. 147 : Reassessment-After the expiry of four years-Capital gains-Excess cost of acquisition of property-Question of fact-Alternative remedy-Directed to file an appeal.Directions for maintenance of status qua subject to payment of 10 percent of demand . [S. 143(3), 147, Art. 226]
East Coast Consultants (India) Ltd. v. DCIT (2022) 289 Taxman 36 / 217 DTR 19/(2023) 450 ITR 114 (Mad.)(HC) Editorial: Order of single judge is affirmed, East Coast Consultants (India) Ltd. v. DCIT, W.P.No. 10699 of 2022 dt. 25-5-2022/( 2022) 328 CTR 247 / ( 2023) 450 ITR 112 (Mad)( HC)S. 145 : Method of accounting-Construction and development of property-Project completion method-Principle of consistency-Not justified in adopting percentage completion method.
PCIT v. Salarpuria Simplex Dwelling LLP. (2022) 289 Taxman 264 / 216 DTR 425 (2023) 455 ITR 712(Cal.)(HC)S. 144B : Faceless Assessment-Personal hearing request was rejected-Order was quashed and set aside-Matter remanded back to Assessing Officer for a fresh decision. [S. 143(3),144B(7)(vii), Art. 226]
Vikas Singhal v. NFA (2022 289 Taxman 243 (Delhi) (HC)S. 144B : Faceless Assessment-Principle of natural justice-Technical difficulties-Order passed without granting an opportunity of hearing with sufficient time-Order was set aside. [S. 80P, 144 147, Art. 226]
Muhavoor Primary Agricultural Co-operative Society Ltd. v. NFAC (2022) 289 Taxman 471 (Mad.)(HC)