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-Notice after the expiry of four years-Revision proceedings was dropped by the PCIT-Sanction given for reassessment on same ground-Non application of mind-SLP of revenue dismissed. [S. 115JB, 143(3) 263 Art. 136]

ACIT v. Godrej and Boyce Manufacturing Co. Ltd. [2023] 453 ITR 14 / 293 Taxman 311 (SC) Editorial: Godrej and Boyce Manufacturing Co. Ltd (2023) 453 ITR 10 (Bom)(HC), is affirmed.

S. 145 : Method of accounting-Rejection of books of account-Equity trading, derivatives trading and real estate investment-Deletion of addition by the Appellate Tribunal-Question of fact.[S. 144, 260A, Code of Civil Procedure, 1908. S 100]

PCIT v. Conwood Medipharma (P.) Ltd. (2023) 291 Taxman 393 (Delhi)(HC)

S. 144C : Reference to dispute resolution panel-Limitation-Notice by Dispute Resolution Panel four years after direction by Tribunal-Barred by limitation-High Court has power to quash show-cause notice-Decisions of single judge affirmed-SLP is granted to the Revenue. [S. 92C, 92CA, 144C(13), 153, 254(1), Art. 136]

CIT. v. Roca Bathroom Products P. Ltd (2023) 291 Taxman 529 (SC) Editorial : Refer CIT. v. Roca Bathroom Products P. Ltd (2022) 445 ITR 537 / 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Dy. CIT v. Freight Systems (India) P. Ltd. (2022) 445 ITR 537/ 216 DTR 323 / 328 CTR 14 (Mad.)(HC) Decisions of single judge affirmed, CIT. v. Roca Bathroom Products P. Ltd (2021) 432 ITR 192 (Mad)(HC)/ Dy. CIT v. Freight Systems (India) P. Ltd. (2021) 18 ITR-OL 468 (Mad)(HC)

S. 144B : Faceless Assessment-Order was passed within short period of two days from issuance of notice-Violation of principle of natural justice-Assessment order was quashed and set aside.[143(3), Art. 226]

Rahim Saib Hiryaur Hyder Ali v.NFAC (2023) 457 ITR 253/291 Taxman 175 (Karn)(HC)

S. 144B : Faceless assessment-Vested right to personal hearing-If it has been requested for-Order was quashed and set aside. [S. 144B(7)(viii), Art. 226]

DLF Emporio Ltd v. NFAC (2023) 291 Taxman 455 (Delhi)(HC)

S. 144 : Best judgment assessment-Principle of natural justice-Order set aside. [S. 144B, Art. 226]

Sudhakar v. ACIT (2023) 291 Taxman 183 (Karn.)(HC)

S. 143(3) : Assessment-Jurisdictional issue-Notice issued by an authority who had no jurisdiction at relevant time-Participated in the proceedings-Issue of notice under section 143(2) is not procedural irregularity-Order of Tribunal quashing the order was up held. [S. 143(2), 292BB]

PCIT v. Cosmat Traders (P.) Ltd. (2022) 291 Taxman 6 (Cal)(HC) Editorial: Order of Tribunal in Cosmat Traders (P) Ltd v. ITO (2021) 189 ITD 504 (Kol)(Trib) is affirmed.

S. 143(2) : Assessment-Notice-Fringe benefits tax-Notice issued after six months from end of relevant financial year-Order of Tribunal quashing the assessment order was affirmed.[S. 115WE, 158BC]

PCIT v. GJ Trading (P.) Ltd. (2023) 291 Taxman 152 (Telangana)(HC)

S. 127 : Transfer of case-No show cause notice was issued-Matter remanded to Commissioner for passing speaking order after affording opportunity of hearing.[S. 148, 148A(d), Art, 226]

Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 291 Taxman 583 / 331 CTR 235/ 223 DTR 145 (Cal)(HC) Editorial: Order of single judge is modified,Order of single judge is modified , Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 331 CTR 239/ 223 DTR 449( Cal )( HC) W.P.A. No. 25453 of 2022 dt.24-11-2022.

S. 119: Central Board of Direct Taxes-Application for condonation-Return-Bonafide reasons-Delay in filing of return was condoned-Allowed to file the return within specified time. [S.119(2b), 139(1), Art. 226]

Combined Tracom (P.) Ltd. v. UOI (2023) 291 Taxman 9 (Karn)(HC)