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. 153A : Assessment-Search or requisition-Excise Officials while conducting vehicle inspection at check post, found that assessee was carrying cash of Rs. 50 lakhs without any proper supporting documents-F.I.R. was registered and amount was also seized and deposited with Court of Judicial Magistrate First Class-Inspector of Police, Income-tax authorities had issued summons to assessee under section 131, seeking to explain source of said amount-Proceedings were inisiated by the revenue Authorities-Petition was filed to hand over the cash seized to the tax officials-Petition was allowed [S. 132A, 132B, Criminal Procedure Code, 1973 S. 451]

UOI v. State of Kerala (2022) 285 Taxman 677 / 443 ITR 117 / 215 DTR 407 (Ker.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition filed by assessee challenging consequential notice issued under section 148 on 30-6-2021-Notice issued [S. 148, Taxation and Other laws. (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1), Art. 226]

Bharti Hiren Uttamchandani v. UOI [2022] 285 Taxman 385 (Guj.)(HC)/Shilp Associates. v. UOI(2022) 286 Taxman 242 (Guj)(HC)

S. 147 : Reassessment-With in four years-Change of opinion-Information from investigation wing-Reassessment was quashed. [S. 143(3), 148]

PCIT v. Sheetal Dushyant (2022) 134 Taxman 327 (Bom.) (HC) Editorial : SLP of revenue is dismissed; PCIT v. Sheetal Dushyant (2022) 285 Taxman 85 (SC)

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S. 147 : Reassessment-After the expiry of four years-Scientific research expenditure-Petition was withdrawn [S. 35(1)(ii), 148, Art. 226]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)