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
Click here to download the pdf versions of the Digest of case laws
S. 197 : Deduction at source-Certificate for lower rate-Pendency of rectification application-Directed the Assessing Officer to expedite decision on rectification application and grant refund. [S. 154, 234, Art. 226]
Jones Lng Lasalle Property Consultants (India) Pvt. Ltd. v. Dy. CIT (TDS) (2022) 447 ITR 40 (Delhi)(HC)
S. 153A : Assessment-Search or requisition-Notice under Section 143(2) is not necessary. [S. 132, 143(2)]
E. Shamsudeen v. CIT (2022) 447 ITR 750 / 209 DTR 440 / 325 CTR 232 (Ker.)(HC)
S. 153A : Assessment-Search or requisition-No mandatory requirement that assessment or reassessment should be based only on basis of incriminating material found during search-Other incriminating material can be relied on-Order of Tribunal set aside and directed to decide on merits. [S. 69, 132]
PCIT v. Mehndipur Balaji (2022) 447 ITR 517 /(2023) 332 CTR 418/ 225 DTR 138 (All.)(HC)
S. 153A: Assessment-Search or requisition-Assessments Completed and final as on date of search-No incriminating material found during search-Order of Tribunal affirmed-No substantial question of law. [S. 68, 69, 132,143(1), 143(3), 260A]
PCIT v. Bhadani Financiers Pvt. Ltd. (2022)447 ITR 305/ 218 DTR 294/ 329 CTR 651 (Delhi)(HC)
S. 153A : Assessment-Search or requisition-Notice-Search and seizure-No incriminating material found during search-Time for issue of notice under section 143(2) expiring on date of search-Additions cannot be made. [S. 132, 143(2)]
PCIT v. Alchemist Capital Ltd. (2022) 447 ITR 668 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Grant of minimum of seven days’ time is mandatory-Failure to grant causing prejudice-Order and subsequent notice for reopening of assessment was quashed. [S. 147, 148, 148A(b), 148A(d), Art. 226]
Shri Sai Co-Operative Thrift and Credit Society Ltd. v. ITO (2022) 447 ITR 350/ 214 DTR 22/ 326 CTR 790 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Rejection of rectification application-Violation of principle of natural justice-Notice and assessment order was quashed-Cost was imposed on the Revenue-The respondents were directed to pay cost of Rs. 50,000 to the assessee. [S. 147, 148, 148A(b), 148A(d), 154, Art. 226]
Nabco Products Pvt. Ltd. v. UOI (2022) 447 ITR 439/ 217 DTR 997 / 328 CTR 267 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the reply of assessee-Verification-Order and subsequent notice for reopening of assessment was quashed-Matter was remanded to pass a fresh reasoned order. [S. 147, 148A(b), 148A(c), 148A(d), Form, 26AS, Art. 226]
First Solar Power India Pvt. Ltd. v. ACIT (2022) 447 ITR 337 / 327 CTR 102 / 288 Taxman 267/ 214 DTR 321 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No material or report produced which was basis for information to reopen assessment-Order and notice quashed and set aside-Department given liberty to furnish additional materials in support of allegations made in show-cause notice and proceed in accordance with law. [S. 147, 148, 148A(b), 148A(d), Art. 226]
BEST Buildwell Pvt. Ltd. v ITO (2022) 447 ITR 26 / 216 DTR 454 / 288 Taxman 670 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Conducting an enquiry is mandatory-Failure to consider reply to show cause notice-Order and subsequent notice was quashed-Matter remanded. [S. 147, 148, 148A(b), 148A(c),148A(d), Art.226]
Aten Capital Pvt. Ltd. v. ACIT (2022) 447 ITR 346 / 326 CTR 878/ 288 Taxman 570 / 214 DTR 149(Delhi)(HC)