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. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Third party Search – Provision of section 153C is applicable – Notice under section 148A is held to be bad in law – Remanded the matter back to the AO to pass a fresh reasoned order in accordance with the law. [ S. 148, 148A(d), 153C, Art , 226 ]
Pradeep Kumar Varshney v. ITO ( 2022 ) 214 DTR 74 / 326 CTR 882 (Delhi ) ( HC)
S. 147: Reassessment – Principle of natural justice – Reassessment completed without providing an opportunity of being heard- Contention of alternative remedy was rejected – Order and notice was quashed and set aside [ S. 148, Art, 226 ]
Ramesh Chandra v . NFAC (2022) 327 CTR 744/ 216 DTR 293 (Raj)( HC)
S. 271(1)(c) : Penalty-Concealment-Provision of interest twice-Bonfide mistake-Deletion of penalty is justified.
PCIT v. Gujarat State Electricity Corporation Ltd. (2023) 290 Taxman 77 (Guj.)(HC)
S. 268A : Appeal-Tax effect less than the monetary limit of Rs 1 crore-Appeal of revenue was dismissed [S. 260A]
CIT v. Flow Link Systems (P.) Ltd. (2023) 290 Taxman 447 (Mad.)(HC)
S. 264 : Commissioner-Revision of other orders-Appeal not filed-Rejection of revision petition is held to be not valid-Commissioner is directed to hear the petition on merits. [S. 250, Art. 226]
Vikas Nagelia v. CIT (2023) 290 Taxman 258 (Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision was done twice-Revision for the third time is held to be not valid. [S. 143(3), 153A]
PCIT (C) v. Padma Kumar Jain (2023) 455 ITR 679 / 290 Taxman 394 (Jhakahd)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained investments-Assessing Officer has not enquired into any documentary evidence-Revision was held to be justified. [S. 69]
Himanshu Kukreja v. PCIT (2023) 290 Taxman 453 (Uttarakhand) (HC)
S. 260A : Appeal-High Court-Writ-Statutory remedy-Alternative remedy-Writ petition was pending for 13 years-Affirming the order of a single judge division bench held that as a proposition of law, it cannot be countenanced that once a writ petition is entertained and admitted, same can’t be dismissed on the ground of availability of alternative remedy at the time of hearing. [Art. 226]
Mangali Mahinag v. Sushila Sahu (2023) 290 Taxman 563 (Chhattisgarh)(HC)
S. 234B : Interest-Advance tax-Interest would be computed up to date of admission of application by Settlement Commission under section 245D(1) and not up to date of order of settlement Commission under section 245D(4)-Natural justice-Order was passed without giving an opportunity to the Revenue-Order of by High Court was quashed and the matter was remanded to decide writ petition afresh [S. 245D(1) 245D(4)]
UOI v. G.M. Foods (2023) 452 ITR 100/290 Taxman 446 / 223 DTR 239/ 331 CTR 475 (SC) Editorial: Arising out of order of High Court in. G.M. Foods v. IT& WT Settlement Commission (2015) 58 taxmann.com 16 /231 Taxman 793 (Cal)(HC)
S. 194J : Deduction at source-Fees for professional or technical services-Salary-Hospital-Retainership fees paid to doctors-Provisions of section 194J are applicable not provision of section 192 of the Act. [S. 192]
CIT, TDS v. Mewar Hospital (P.) Ltd. (2023) 290 Taxman 389 (Raj.)(HC)