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. 151A : Faceless assessment of income escaping assessment-Notice reflecting name of concerned Income tax Authority-Department was to be directed to withdraw impugned notice and issue fresh notice if permissible under law as per scheme read with section 151A [S. 144B, 147,148,148A Art. 226]
Ram Narayan Sah v. UOI (2024) 299 Taxman 276/ 340 CTR 505 (Gau.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Search-Unaccounted cash-Jurisdictional error-Question of jurisdictional error regard to invoking sections 147, 148 and 148A and not section 153C was raised, same should be considered by Assessing Officer and a finding be recorded thereon while passing final orders. [S. 148, 148A(b), 148A(d), 153C, Art. 226]
Neelam Dubey (Smt.) v. UOI (2024) 299 Taxman 379 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Seeking reappreciation of entire matter on its merits, which was impermissible in review jurisdiction-Review petition is dismissed [S. 144, 147, 148, 148A(b), 148A(d), Art. 226]
Rahul Suri v. UOI (2024) 299 Taxman 526 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-information flagged under Risk Management Strategy (RMS)-Providing accommodation entries-Existence of information-Reopening of assessment is justified.[S. 69A,148, 148A(b), 148A(d), Art. 226]
Rahul Sachan v. ITO (2024) 299 Taxman 369 / 466 ITR 353 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Cash deposited in bank account-Reply was not considered-Reassessment notice and order disposing the objection is set aside.[S. 148, 148A(b), 148A(d), Art. 226]
Coonoor Sri Thanthi Mariamman Kerala Seva Sangam v. AUI (2024) 299 Taxman 470 /468 ITR 155/ (Mad.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Bank account was opened without his knowledge-Disputed questions of fact-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]
Rakesh Beniyal v. ITO (Assessment) (2024) 299 Taxman 409 (Mad.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Information which was relied upon by revenue was not completely furnished-Notice and order disposing the objection is quashed and set aside. [S. 148, 148A(b), 148A(d), Art.226]
Mahesh Kumar Verma v. UOI (2024) 299 Taxman 141 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amount received from sale/resale of shrink-wrapped software-Not royalty or Fees for technical services-Reassessment notice and order disposing the objection is quashed-DTAA-India-Japan. [S. 9(1)(vi), 9(1)(vii), 148A(b), 148A(d),art.5 Art. 226]
Componentsource Company Ltd. v. ACIT(IT) (2024) 299 Taxman 329 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Foreign companies-company is a resident of Singapore-Investment in Indian subsidiary-Tax on dividends, royalty and technical services-Capital account transaction-Investments could not be treated as income as same was in nature of capital account transaction not giving rise to any income[S.9(1)((i), 115A, 148A(b), 148A(d), Art. 226]
Telenor South Asia Investment Pte. Ltd. v. Dy.CIT (2024)299 Taxman 232 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Information from DDIT(Investigation)-Reassessment notice was quashed by High court-Delay of 399 days-SLP of Revenue is dismissed delay was not sufficiently explained. [S. 68, 147, 148, 148A(b), 148A(d), Art. 136]
PCIT v. Girdhar Gopal Dalmia (2024) 299 Taxman 362 / 464 ITR 393 (SC) Editorial : Girdhar Gopal Dalmia v. UOI (2023) 150 taxmann.com 54/ 451 ITR 320 (Cal)(HC)