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. 153A : Assessment-Search-No incriminating material was found-Assessment was completed on the date of search-Assessment order and notice of demand was held to be not valid. [S. 132, 156, Art. 226]

Jami Nirmala (Smt.) v. PCIT (2021) 437 ITR 573 / 207 DTR 65/ 323 CTR 317 ( 2022) 284 Taxman 141 (Orissa)(HC)

S. 153A : Assessment-Search-Block assessment-Natural justice-Electronic documents-Copies of panchanama-Opportunity of cross examination of persons whose statements were used against the assessee-Assessment order was set aside and matter remanded. [S. 132, 132(4) Indian Evidence Act, 1872, S. 65B]

Vetrivel Minerals v. ACIT (2021) 437 ITR 178 / 282 Taxman 321 / 208 DTR 280/ 323 CTR 766(Mad.)(HC) Vijay Cements v. ACIT (2021) 437 ITR 178 / 282 Taxman 321/ 208 DTR 280/ 323 CTR 766 (Mad.)(HC)

S. 153 : Assessment-Reassessment-Limitation-Limitation would commence from date of passing of order by competent Authority or Court properly signed and sealed by court and communicated to parties-Mere filing of appeal will not preclude competent Authority from proceeding under law. [S.143(3)]

Pentamedia Graphics Ltd. v. ACIT (2021)438 ITR 108 (Mad.)(HC)

S. 149 : Reassessment-Time limit for notice-Interim stay of proceedings-Dismissal of writ petition-Appeal pending before Supreme Court-Reassessment was not barred by limitation-Alternative remedy-Writ is not maintainable. [S. 147, 148, 153, Art. 226]

Madras Race Club v. Dy.CIT (2021) 438 ITR 203 (Mad.)(HC)

S. 148 : Reassessment-Notice-Service of notice-Question of fact-No substantial question of law. [S. 147, 260A]

Manoj Kumar Sharma v. ITO (2021) 438 ITR 693 (All.)(HC)

S. 148 : Reassessment-Notice-Amalgamation-Notice issued after amalgamation in name of erstwhile company-Similarity in names but Permanent Account Number the same-Bona fide mistake-Correcting the mistake and final assessment order was passed-Order was held to be valid. [S. 147, 292B]

Vedanta Ltd. v. Dy. CIT (2021) 438 ITR 680 (Mad.)(HC)

S. 147 : Reassessment-Free trade zone-Disallowance of expenditure-Reassessment notice was held to be justified. [S. 10A, 148, Art. 226]

Vestas Technology R&D Chennai (P) Ltd. v. ACIT (2021) 282 Taxman 195 (Mad.)(HC)

S. 147 : Reassessment-Foreign currency-Interest-Professional fees-Consulting fee etc-Reassessment notice was held to be justified. [S. 37(1), 148, Art. 226]

Vedanta Ltd. v. ADIT (IT) (2021) 439 ITR 719/ 282 Taxman 504 (Mad.)(HC)

S. 147 : Reassessment-With in four years-Insurance business-Profit on sale of investments-Prior to assessment year 2011-12 not liable to tax-First Schedule, Rule 5-Provision of section 115JB which enables companies to compute book profit are not applicable to insurance companies-Reassessment notice was quashed. [S. 44, 115JB. 148, Art. 226]

United India Insurance Co. Ltd. v. Dy. CIT (2021) 282 Taxman 184 (Mad.)(HC)

S. 147 : Reassessment-Method of accounting-Estimate of income-Statement of manager operations-Reopening was held to be justified. [S. 145, Art. 226]

Dr. Sajan Hedge v. ACIT (2021) 282 Taxman 39/ ( 2022) 440 ITR 389 (Mad.)(HC)