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. 147 : Reassessment-After the expiry of four years-Non-compete fee-Capital gains or business income-Material was available at the time of oeiginal assessment-Reassessment notice is held to be not valid. [S. 28(va), 45, 148, Art. 226]
Placid Ltd. v. ACIT(2022) 285 Taxman 387/ 329 CTR 795/ 220 DTR 73 (Cal.)(HC)
S. 147 : Reassessment-After the expiry of four years-Scientific research expenditure-Petition was withdrawn [S. 35(1)(ii), 148, Art. 226]
Joshi Technologies International Inc. v. ACIT (2022) 285 Taxman 479 (Guj.)(HC)
S. 145 : Method of accounting-Valuation of closing stock-Estimation of gross profit-Produced books of account-Order of Assessing Officer set aside. [S. 133A, 143(3)]
Subhendu Kumar Subudhi v. CIT (2022) 285 Taxman 693 / 136 taxmann.com 87 /211 DTR 178 /325 CTR 357 (Orissa)(HC)
S. 145 : Method of accounting-Estimation of net profit-Interest and depreciation allowed-Question of fact. [S. 260A]
PCIT v. Varha Infra Ltd. (2022) 285 Taxman 561/ 135 taxmann.com 77/328 CTR 115 / 216 DTR 316 (Raj.) (HC)
S. 144C : Reference to dispute resolution panel-Submission of assessee not considered-Draft assessment order is set aside with the direction to complete the assessment after considering the response of assessee. [Art. 226]
BASF Catalysts India (P) Ltd. v. Addl. CIT (2022) 285 Taxman 431 (Mad.)(HC)
S. 144B : Faceless Assessment-Violation of principle of natural justice-Sufficient opportunity was not given-Order of assessment is set aside. [S. 144B(1)(xxii), Art. 226]
Sree Narayana Dharma Sabha Sreyas v. ACIT (2022) 285 Taxman 516 (Ker.)(HC)
S. 144B : Faceless Assessment-Natural justice-Application to file further time to file reply was not considered-Order was set aside. [S.143(3), Art. 226]
Preethi Himachal & Co. v. UOI (2022) 285 Taxman 518 / 219 DTR 365/ 329 CTR 538 (HP)(HC)
S. 144B : Faceless Assessment-Opportunity of hearing was not given-Order was set aside. [Art. 226]
Fifth Field Realtors (P.) Ltd. v. ACIT (2022) 285 Taxman 559 (Mad.)(HC)
S. 144B : Faceless Assessment-Show casue notice-One day time was given-Personal hearing was not requested-Writ dismissed due to availability of alternate statutory remedy. [S. 143(3), 246A, Art. 226]
British Agro Products (India)(P) Ltd. v. ACIT (2022) 285 Taxman 141 (Mad.)(HC)