S. 147 : Reassessment – Depreciation on goodwill – Change of opinion – Re assessment notice is not valid [ S. 32 , 148 , Art , 226 ]
Sterling and Wilson (P.) Ltd. v .ACIT (2022)285 Taxman 468 (Bom) ( HC)S. 147 : Reassessment – Depreciation on goodwill – Change of opinion – Re assessment notice is not valid [ S. 32 , 148 , Art , 226 ]
Sterling and Wilson (P.) Ltd. v .ACIT (2022)285 Taxman 468 (Bom) ( HC)S. 147 : Reassessment –With in four years- Capital gains –Shares – Rate of tax at 10 % – Application of mind during original assessment proceedings – Notice issued u/s 148 is quashed [ S. 48, 112 , 143(3), 148 , Art , 226 ]
Golden Tobacco Ltd. v. ACIT (2022)285 Taxman 688 (Bom) (HC)S. 147: Re assessment – Change of opinion – Housing project – Full details of residential unit was furnished in the course of assessment proceedings – Re assessment is held to be bad in law . [ S.80IB(10), 148 Art , 226 ]
Gemstar Construction (P.) Ltd. v UOI (2022) 285 Taxman 457 (Bom) (HC)S.147: Reassessment – After the expiry of four years – Cash credits – Information received from Director (Investigation ) –Bogus suspicious transaction – Fishing enquiry – Reassessment notice is quashed . [ S. 68, 148 , Art , 226 ]
Reynolds Shirting Ltd. v. ACIT (2022)285 Taxman 554 (Bom) (HC)S. 147 : Reassessment – After the expiry of four years – Certificate was issued for nil TDS – Reassessment notice on the ground that misrepresentation of facts – Agreement was made available when the certificate was issued – Reassessment is held to be not justified .[ S. 148 , 197, Art , 226 ]
Reuters India (P.) Ltd. v. Dy.CIT (2022 ) 285 taxman 557 (Bom)( HC)S.147: Reassessment – After the expiry of four years – Sub contract and sub -contract – During assessment proceedings all details are furnished – survey – Reasons cannot be improved or supplemented Re assessment notice is not valid – Re assessment notice is not valid .[ S. 133A, 148 , Art , 226 ]
Patel Engineering Ltd. v . Dy. CIT (2022)446 ITR 728 / 285 Taxman 655 / 210 DTR 185 (Bom) (HC)S.147: Reassessment – After the expiry of four years – Life Insurance company – Actuarial report- No failure to disclose material facts – Reassessment is not justified [ S.44, 57 , 148, Art , 226 ]
CIT v. SBI Life Insurance Company Ltd (2022) 444 ITR 639/ 285 Taxman 705 (Bom)(HC)S. 40(a)(ia): Amounts not deductible – Deduction at source – Commission paid to Chairman and manging director – Part of salary provision of section 192 is applicable and not section 194H- TDS is deductible at the time of payment and not when the provision was made – No disallowance can be made . [ S. 192 , 194H , Form No 16 ]
PCIT v. Indofil Industries Ltd. (2022)285 Taxman 476 / 213 DTR 213/ 327 CTR 603 (Bom)(HC)S. 36(1)(vii) :Bad debt -Deposit made with sister concern –Capital ,loss – Interest income assessed as business income – Waiver of principal amount and interest accrued – Allowable as bad debt . [ S. 28(i), 36(2)(i)]
PCIT v. Mahindra Engineering and Chemical Products Ltd (2022)285 Taxman 699 / 212 DTR 378(Bom)(HC)S. 12AA : Procedure for registration –Trust or institution- Object to develop training and research centre to facilitate skill development to entire chain of work force engaged at various levels in garment and textile industry- Entitle for registration -Delay condoned [ S. 2(15), 11, 253 , Companies Act , 2013 , S. 8 ]
Gear Training and Research Foundation. v. CIT (E) ( 2021) 92 ITR 28 ( SN) / (2022) 192 ITD 655 / 216 TTJ 456 / 213 DTR 326(Jaipur) (Trib.)