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. 254(2) : Appellate Tribunal-Appellate Tribunal-Rectification of mistake apparent from the record-Accommodation entries-Bogus purchases-Evidences/statements collected from the accommodation entry provider has not been provided, ITAT has not even dealt with that objection-Order of Jurisdictional High Court-Order of Tribunal set aside. [Art. 226]
Mithalal B.Jain v. ITO(2022) 214 DTR 25 (Bom.)(HC)
S. 179 : Private company-Liability of directors-Managing Director of Ltd Company-Violation of principle of natural justice-lifting the corporate veil-Satisfaction was not recorded-Order was quashed. [S. 220(2), Art. 226]
Rajendra R. Singh v. ACIT (2022) 328 CTR 691/ 216 DTR 386/ 289 Taxman 682/143 taxmann.com 34 /(2023)459 ITR 162 (Bom.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Period granted was less than seven days-Responded the notice-Amount in dispute less than 50 lakhs-Notice issued beyond three years-Notice and order was quashed and set aside. [S. 148, 148A(d), 149(1)(b), Art. 226]
Naresh Balchandrarao Shinde v. ITO (2022) 220 DTR 401 / (2023) 320 CTR 449/ (2023)451 ITR 149/ 330 CTR 449 Bom.)(HC)
S. 147 : Reassessment-Order disposing the objection must be reasoned order-If the assessing Officer is going to rely on any order or Judgment of any court or Tribunal a list thereof shall also be provided to Petitioner along with a notice for personal hearing so that Petitioner can deal with/distinguish those Judgments during personal hearing-Order disposing the objection was quashed-Directed to pass speaking order giving an opportunity of personal hearing [S. 148, Art. 226]
Mahindra CIE Automotive Ltd. v. ACIT(2022) 216 DTR 457 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Franchise fee-Capital or revenue-No failure to disclose material facts-Specific query in the course of original assessment proceedings-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]
Knight Riders Sports Pvt. Ltd. v. Dy. CIT (2022) 329 CTR 779 / 220 DTR 190 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-No new information-Reassessment notice and order disposing objection was quashed. [S. 80IA, 148, Art. 226]
Sun-N-Sand Hotels Pvt. Ltd. v. NFAC (2022) 215 DTR 220 (Bom.)(HC)
S. 147 : Reassessment-After expiry of four years-Capital gains-No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed. [S. 2(47)(v), 45, 148, Art. 226]
Nirupa Udhav Pawar (Smt.) v. ACIT (2022) 328 CTR 771 / 214 DTR 427 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Estimate of gross profit-Reassessment notice to make addition of 5 percent of turnover instead of 1 percent addition was made in scrutiny assessment-Change of opinion-Notice and order disposing the objection was quashed. [S. 148, Art. 226]
Manan Trading Co. Pvt. Ltd. v. Dy. CIT (2022) 449 ITR 587 (Bom.)(HC)
S. 92C : Transfer pricing-Arm’s length price-Selection of comparables-An investment advisor or sub-advisory cannot be compared with a merchant banker or investment banker-Tribunal’s finding based on decision of Supreme Court-No question of law. [S. 260A]
PCIT v. Warburg Pincus India Pvt. Ltd. (2022) 449 ITR 329 / 329 CTR 933 / 219 DTR 361 //(2023) 290 Taxman 80 (Bom.)(HC)
S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries-Civil contract work-Municipal Corporation of greater Mumbai-Information received from the Sales Tax Department through the Director General (Inv)-Purchases through banking channels-Disallowance restricted to profit element-Order of Tribunal affirmed. [S. 143(3), 260A]
PCIT v. S. V. Jiwani (2022)449 ITR 583/ 145 taxmann.com 230 /(2023) 290 Taxman 178 (Bom.)(HC)