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. 241A : Refunds-Withholding of refund in certain cases-Estimated tax liability-Revenue neutral-Method of accounting-Income offered for tax when services were rendered-Withholding of tax is held to be not valid. [S. 143(3), 145]

Ericsson India (P) Ltd. v. ACIT (2022) 287 Taxman 230/ 113 CCH 330 / 217 DTR 414/ 328 CTR 649/(2023) 456 ITR 523(Delhi)(HC)

S. 234D : Interest on excess refund-Provision inserted from 1-6-2003 would apply to all regular assessments made on or after 1-6-2003 irrespective of assessment year involved-Liable to pay interest.

CIT v. Lakshmi Vilas Bank Ltd. (2022) 287 Taxman 333 / 113 CCH 336 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice u/s 148 issued on 30-6-2021 without complying with mandatory provisions-Order is quashed-, Explanations to Notifications dated 31-3-2021 and 27-4-2021 issued by CBDT were to be declared ultra vires of 1961 Act and TLA Act, 2020. [S. 148, 151 Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3, Art. 226]

Mohammed Mustafa v. ITO (2022) 287 Taxman 277/114 CCH 59 (/ 214 DTR 108Karn.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment notice issued under section 148 on 30-6-2021 without complying with substituted provisions of section 148A was quashed. [S. 148 Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 S. 3]

ACIT v. Kirti Singh (2022) 138 taxmann.com 216 (All.)(HC) Editorial : Notice issued in SLP filed the Revenue, ACIT v. Kirti Singh (2022) 287 Taxman 647 (SC), Refer, UOI v. Ashish Agarwal (2022) 286 Taxman 183 (SC)

S. 148 : Reassessment-Notice-Notice for assessment year 2013-14 was issued to assessee on 1-4-2021-limitation of issuing notice expired on 31-3-2021-Notice was time barred-Direction-CBDT-Since large number of writ petitions are being filed in which date and time of issuance of notice under section 148 are in dispute, Income-tax department to be directed to ensure that date and time of triggering of e-mail for issuing notices and orders are reflected in online portal relating to concerned assesses-Unless there is a stay obtained by authorities under Income-tax Act, 1961 from higher forum, mere fact of filing appeal or SLP will not entitle authority not to comply with order of High Court-Court directed the Registrar General to forward the copy of the judgement for circulating amongst authorities under the Income tax- Act , 19961 and for the observance of the principles of the judicial discipline and propriety. [S. 147, 260A, Art. 226]

Mohan Lal Santwani v. UOI (2022) 449 ITR 476/ 287 Taxman 634 / 218 DTR 313 / 329 CTR 113(All.)(HC)

S. 148 : Reassessment-Notice-Failure to dispose objections by passing speaking order-Order set aside for adjudication afresh. [S. 143(3), 147, Art. 226]

Kausalya Maruthachalam v. ACIT (2022) 287 Taxman 7/113 CCH 298 (Mad.)(HC)

S. 148 : Reassessment-Notice-Validity of E-notices-Mere digitally signing of notice under section 148 would not be issuance of notice, reassessment notices would be said to be digitally issued on date when same were e-mailed to petitioner-Since deadline for passing assessment order in most cases was 31-3-2022, proceedings pursuant to impugned reassessment notices were to be stayed till further orders. [S. 147, 149, Art. 226]

Sharad Garg v. ITO (2022) 287 Taxman 207/113 CCH 213 (Delhi)(HC)

S. 148 : Reassessment-Notice-Merger-Succession to business otherwise than on death-Notice issued in the name of non-existent company-Notice is bad in law. [S. 147, 170, 292B, Art. 226]

Vahanvati Consultants (P) Ltd. v. ACIT (2022) 448 ITR 258/138 taxmann.com 51 (Bom.)(HC) Editorial: SLP of Revenue disposed off granting liberty to pursue appropriate proceedings in accordance with law by way of a review before High Court, ACIT v. Vahanvati Consultants (P) Ltd. (2022) 287 Taxman 176/131 CCH 161 (SC)

S. 147 : Reassessment-Deposit of cash in Bank-Unexplained money-Demonetization deposit-No supporting evidence was available-Reassessment notice was justified. [S. 69A, 148, Art. 226]

Sanjay Kapur v. ACIT (2022) 138 taxmann.com 206 (Delhi)(HC) Editorial : SLP of assessee dismissed as withdrawn, Sanjay Kapur v. ACIT (2022) 287 Taxman 225 /113 CCH 160 (SC)

S. 147 : Reassessment-Unexplained expenditure-Information from investigation wing-Overdraft account-Interest free loan-Reassessment notice is justified. [S. 69C, 148, Art. 226]

Kedar Nath Babbar v. ACIT (2022) 287 Taxman 417/215 DTR 227/ 329 CTR 131 (Delhi)(HC)