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-Alleged excess deduction-Basis of information and material already on record-Re assessment notice was quashed. [S. 80IB, 80IC, Art. 226]

Marico Ltd v. ACIT (2021) 133 taxmann.com 121 (Bom.)(HC) Editorial : SLP of revenue is dismissed; ACIT v. Marico Ltd. (2022) 284 Taxman 365 (SC)

S. 144C : Reference to dispute resolution panel-Order passed without awaiting directions of DRP under section 144C(5) of the Act-Order was set aside [S. 143(3), Art, 226]

Ford India (P) Ltd v. ITO (2022) 284 Taxman 396 (Mad.)(HC)

S. 144C : Reference to dispute resolution panel-Order passed without waiting for expiry of time period provided-Order was quashed-Directed to pass a fresh assessment. [S. 144B(1) (xvi)(b), Art. 226]

Clarks Future Footwear Centre v. NFAC (2022) 284 Taxman 676 (Delhi)(HC).

S. 144B : Faceless assessment-Personal hearing-Series of adjournments were granted on prayer of petitioner from time-to-time and petitioner did not comply with many notices-Petition was dismissed. [Art. 226]

Unisource Hydro Carbon Services (P.) Ltd. v. UOI (2022) 284 Taxman 21 (Cal) (HC)

S. 144B : Faceless Assessment-Opportunity of hearing-Violation of principle of natural justice-Order was set aside-Directed to pass reasoned order in accordance with law. [S. 144B(7), Art. 226]

Sudev Industries Ltd. v. NFAC (2022) 284 Taxman 214 (Delhi)(HC)

S. 144B : Faceless Assessment-Personal hearing-Opportunity of personal hearing was not provided-Order was set aside and remanded to Assessing Officer for adjudication afresh. [S. 144B(7), Art. 226]

Devanshu Infin Ltd. v. NEAC (2022) 284 Taxman 36 (Delhi)(HC)

S. 144B : Faceless Assessment-Personal hearing-Order passed without giving an opportunity of personal hearing-Order was set aside-Directed to pass reasoned order in accordance with law.[S. 143(3), 143(3A), 143(3B), 144B(7), Art. 226]

Dar Housing Ltd. v. NEAC (2022) 441 ITR 685 / 284 Taxman 55 / (Delhi)(HC)

S. 144 : Best judgment assessment-Show cause notice-The Assessee sought two weeks time to respond the notice-Less than on day notice was given-Principle of natural justice is violated-Order was quashed and remanded back for de novo assessment [S. 142(1), 147, Art. 226]

Swapna Manuel v. ACIT (2022) 284 Taxman 651 (Mad.)(HC)

S. 143(3) : Assessment-Appeal-Commissioner (Appeals)-When appeal is pending writ against the assessment order is held to be not maintainable. [S. 156, 246A, 251, Art. 226]

Agrawal Global Infratech (P.) Ltd. v. UOI (2022) 284 Taxman 380 (Chhattisgarh)(HC)

S. 143(3) : Assessment-Order passed without considering the reply filed by the assessee-Violation of principle of natural justice-Order was set aside. [S. 80P(2)(d), Art. 226]

Anavilasam Service Co-operative Bank Ltd. v. ACIT (2022) 284 Taxman 666 (Ker.)(HC)