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. 194N : Payment of certain amounts in cash-Tax deduction at source-Cash withdrawal-Primary agricultural co-operative societies (PACCSs)-Challenge to circular was dismissed-If primary agricultural co-operative societies qualify for exemption, they should seek redressal from competent authority as provided in section 194N. [Art. 226]

S. N. 299 Molasi Primary Agricultural Co-operative Credit Society Ltd. v. ITO (2022) 220 DTR 217 / 145 taxmann.com 222// (2023) 451 ITR 127/ 330 CTR 100 (Mad.)(HC)

S. 178 : Company in liquidation-Proceeding admitted for Corporate Insolvency Resolution Process (CIRP) under Insolvency and Bankruptcy Code, 2016 (IBC)-National Company Law Tribunal (NCLT)-Assessment order was set aside and matter was to be restored to file of Assessing Officer and matter shall be kept in abeyance till completion of CIRP. [Insolvency and Bankruptcy Code, 2016, S. 14, 238]

Srei Equipment Finance Ltd. v. Addl. CIT (2022) 214 DTR 345 / 327 CTR 1 / 141 taxmann.com 307 (Cal.)(HC)/Editorial : Order of single judge , reversed , Srei Equipment Finance Ltd. v. Addl. CIT (2022) 214 DTR 359 / 327 CTR 16(Cal)(HC)

S. 158BC : Block assessment-Agreement with third parties-Search-Received entire amount from distributors much before release of film-Addition of balance amount as undisclosed income was justified. [S. 158BD]

Pyramid Films International v. Dy. CIT (Inv) (2022) 325 CTR 406 / 211 DTR 137 / 137 taxmann.com 413 (Mad.)(HC)

S. 153C : Assessment-Income of any other person-Search-Validity-Jointly conducted-Three persons and firm-Firm would not require to be dealt with under section 153C, but would be under section 153A; however, if material collected in search against such person is used against other person, then proceeding can be taken under section 153C and not under section 153A-Matter remanded. [S. 153A, Art. 226]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/141 taxmann.com 272 (Mad.)(HC)/: Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Only three days time was given-Defect committed by revenue was a curable defect and if law permits, revenue can issue fresh letter to assessee in continuation to notice issued under section 148A(b) by giving him at least seven days time. [S. 148, 148A(b). 148A(d), Art. 226]

Jindal Forgings v. PCIT (2022) 328 CTR 239 /216 DTR 449 / 143 taxmann.com 263 (Jharkhand)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Beneficiary of accommodation entries-Transaction in the course of business-Writ petition was dismissed. [S. 148, 149, Art. 226]

North End Foods marketing(P) Ltd. v. Dy. CIT (2022) 220 DTR 68 / 329 CTR 788 / (2023) 146 taxmann.com 67 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amalgamation-Appeal pending before DRP-Notice of reassessment is bad in law. [S. 148, Art. 226]

DCM Shriam Ltd. v. ACIT (2022) 218 DTR 217 / 139 taxmann.com 405/(2023) 334 CTR 811 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed on grounds which are beyond subject matter of show cause notice-Writ petition was dismissed. [S. 148, 148A((b), 148A(d), Art. 226]

Yellaiah Setty v. ACIT (2022) 216 DTR 128 / 143 taxmann.com 326/ 327 CTR 600 (Telengana)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Objection was not considered-AO was required to pass final order under section 148A(d) after taking into consideration said objections-Matter remanded. [S. 148, 148A(b), 148A(d), Art. 226]

Shrenik Sudhir Vimawala v. ACIT (2022) 215 DTR 57 /327CTR 129 / 140 taxmann.com 236 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the reply of the assessee-Order was quashed and matter was to be remanded back to Assessing Officer with a direction to decide notice under section 148A(b) by passing a reasoned order in accordance with law, after taking into account reply filed by assessee. [S. 148A(c), 148A(d), Art. 226]

Hardev Singh v. ITO (2022) 214 DTR 146 / 326 CTR 875 / 140 taxmann.com 67 (Delhi)(HC)