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. 153C : Assessment-Income of any other person-Search-search conducted prior to 1-4-2017, as per existing statutory provisions, date of search had to be reckoned from date of recording of satisfaction for purpose of section 153C. [S.69A 132(4)]

D.L. Heera Bhai Jewellery Arcade (P.) Ltd. v. ACIT (2024) 207 ITD 1 /229 TTJ 1/236 DTR 233(TM) (Delhi) (Trib.)

S. 148 : Reassessment-Notice-Non-service of notice-E mail is sent to wrong address-Notice was not served within period of limitation-Notice in e-filing portal had to be considered as date of issuance of notice Reassessment is bad in law. [S. 115BBA,144, 147]

Brett Lee. v. ACIT, IT (2024) 207 ITD 303 /230 TTJ 124/238 DTR 305 (Delhi) (Trib.)

S. 148 : Reassessment-Notice-Notice issued by non-jurisdictional Assessing Officer-Notice and Assessment order is quashed. [S. 147]

Saroj Sangwan. v. ITO (2024) 207 ITD 165 (Delhi) (Trib.)

S. 148 : Reassessment-Notice-Beyond human probabilities-Factual mistakes and errors in dates mentioned on notice-Assessment order is void ab-initio-Notice issued affixture through inspector without presence of two independent witnesses of neighborhood as per procedure laid down in section 282 read with rules 12, 17 and rule 19 of Order V of Civil Procedure Code, 1908, such service of notice is invalid.[S. 147, 282, rules 12, 17 and rule 19 of Order V of Code of Civil Procedure, 1908,]

Mandeep Malli. v. ACIT (2024) 207 ITD 157 (Amritsar) (Trib.)

S.147: Reassessment-Cash credits-Provisions of IBC overriding effect-Department is bound by terms of resolution plan, as approved by NCLT and Income-tax Department was precluded from undertaking any action with respect to any issue/transaction prior to date of commencement of insolvency process in case of assesse.[S.68, 148, Insolvency and Bankruptcy Code, 2016, S.5, 31, 238]

SEL Manufacturing Co. Ltd. v. DCIT (2024] 113 ITR 243 / 207 ITD 644 (Chd) (Trib.)

S.147: Reassessment-After the expiry of four years-Information received from AIR-Cash deposited in bank-Considered in the original assessment proceedings-Reassessment is not justified.[S. 68]

Pardeep Kapoor. v. ITO (2024) 207 ITD 187 (Amritsar) (Trib.)

S. 147 : Reassessment-After the expiry of four years-Book profit-Minimum alternate tax-Tax liability under MAT provisions remains higher and unchanged despite adjustments made under normal tax provisions-Reassessment is bad in law.[S.115JB, 148]

Genus Power Infrastructure Ltd. v. ACIT (2024) 207 ITD 26 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Draft assessment order-After 1-10-2009, Assessing Officer is statutorily required to pass draft assessment order under section 144C(1)-Any addition is made before passing final assessment order under section 144C(3)is bad in law.[S. 144C(1), 144C(3)]

Dy.CIT v. ADM Agro Industries Kota & Akola (P.) Ltd. (2024) 207 ITD 526 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Assessing Officer passed final assessment order in case of assessee on 21-11-2017 after one month from end of month in which he received directions of Dispute Resolution Panel i.e., 18-9-2017-Order is time barred hence quashed and set aside. [S.92CA,144C(13)]

Conferencecall Services India (P.) Ltd. v. DCIT (2024) 207 ITD 435/112 ITR 53 (SN) (Chennai) (Trib.)

S. 144C : Reference to dispute resolution panel-Limitation period-Date of uploading DRP order on ITBA portal was 27-4-2022-Assessment completed on 30-6-2022 is time barred as null and void. [S. 143(3), 144C((13), Information Technology Act, 2000, S.13]

Honda R & D (India) (P.) Ltd. v. ACIT (2024) 207 ITD 278/231 TTJ 954/242 DTR 154 (Delhi) (Trib.)