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. 147 : Reassessment – After the expiry of four years – Penny Stock -Share transactions and tax paid on added income – No new tangible material – Accommodation entries – Reconsideration of the material available at the time of original assessment proceedings is tantamount to change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 10(38), 45 69, 148, Art. 226]
Chanchal Bhagwatilal Gokhru v. UOI (2023) 454 ITR 451 / 152 taxmann.com 214 (Bom)(HC)
S. 144B : Faceless Assessment –Natural justice – Opportunity of hearing was not given – Video conference – Order was set aside and remanded. [S. 142, 143(3), Art. 226]
Parul Bharat Shah v. NFAC [2023] 146 taxmann.com 446 / 291 Taxman 294 (Bom)(HC)
S. 144B : Faceless Assessment –Amalgamation – Non-Existent company – show-cause notices, assessment order, notice of demand, etc., in name of said non-existent company, which was amalgamated with petitioner-company and thereby lost its existence, was without jurisdiction – Order was quashed. [S. 143(3), Art. 226]
New Age Buildtech (P.) Ltd. v.. NFAC [2023] 151 taxmann.com 66 (Bom)(HC)
S. 144B : Faceless Assessment–Draft assessment–Depreciation– Goodwill-Assessment order passed without satisfactory compliance with provisions of section 144B(1)(xvi) was quashed. [S. 32, 142, 144B(1)(xvi), Art. 226]
ACME Housing India (P.) Ltd. v NFAC (2023) 291 Taxman 1 (Bom)(HC)
S. 143(1)(a) : Assessment – Intimation – Prima facie adjustment Rectification of mistake – Assessing Officer was to be directed to consider application of assessee for rectification afresh and pass a speaking order – Matter remanded. [S. 154, Art. 226, Form 3CCD]
Sodexo India Services (P.) Ltd. v. CPC [2023] 147 taxmann.com 223 (Bom)(HC)
S. 124 : Jurisdiction of Assessing Officer–Assessing Officer Mumbai cannot continue to exercise jurisdiction in the case of the assessee even if PAN came to be transferred much later than a transfer of jurisdiction. [S. 92CA]
PCIT v. Capstone Securities Analysis (P.) Ltd. [2023] 146 taxmann.com 423 / 320 CTR 565 (Bom)(HC)
S. 80IB (10) : Housing projects- Delay of 365 days in filing of return- Denial of exemption-CBDT rejecting the application for condonation of delay-Order of rejection was set aside- Delay was condoned-Assessing Officer was directed to allow the claim as per law. [S. 119(2)(b), 143(1), Art. 226]
Bhatewara Associates Manik v. UOI [2023] 147 taxmann.com 297 (Bom)(HC)
S. 80IBA : Profits and gains from housing projects –Writ of Mandamus – Availing deduction from 31-3-2022 to 31-3-2023– Completion of housing projects from five years to seven years-Petition was dismissed. [S. 80IAC, 80IBA(2)(b) 115BAB, Art. 14, 226]
CREDAI BANM v. UOI (2023) 332 CTR 303 / 224 DTR 374 (Bom)(HC)
S. 80IB (10) : Housing projects-Built up area of less than 1000 square feet–Completion certificate was issued by the Competent Authority -Denial of exemption was not valid.
PCIT v. Vardhan Builders [2023] 291 Taxman 450 (Bom)(HC)
S. 80IA : Industrial undertakings – Infrastructure development-Inland container depot and container freight station – Entitled to the deduction. [S. 80IA(4), 260A]
PCIT v. Maharashtra State Warehousing Corporation (2023) 451 ITR 178 /149 taxmann.com 372 (Bom)(HC)