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. 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)

S. 92C : Transfer pricing-Arm’s length price-Adjustment of filters, etc-No substantial question of law. [S. 92CA, 260A]

PCIT v. Mphasis Ltd (2021) 133 taxmann.com 274/( 2022) 446 ITR 361 (Karn.)(HC) Editorial : SLP of revenue is dismissed ; PCIT v. Mphasis Ltd (2022) 284 Taxman 458 (SC)

S. 92B : Transfer pricing-International transaction-Corporate guarantee-Substantial question of law admitted by High Court. [S. 92C, 260A]

Je Energy Ventures (P) Ltd. v. Dy. CIT (2022) 284 Taxman 634 (All.)(HC)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Loss on sale of shares and units of mutual funds on which STT was paid-Set-off of loss against sale of land-Loss cannot be set off against long term capital gains arising from sale of land. [S. 10(38), 45, 48, 55, 70(3)]

Appolo Tyres Ltd. v. Dy. CIT (2022) 284 Taxman 229/ 219 DTR 80/ 329 CTR 288 / (2023) 450 ITR 618 (Ker.)(HC)

S. 68 : Cash credits-Unsecured loans-Identity of creditors and genuineness of transitions and creditworthiness established-Deletion of addition is held to be justified.

PCIT v. Gopal Heritage (P.) Ltd. (2022) 284 Taxman 406 (Guj.)(HC)

S. 68 : Cash credits-Share capital and share premium-All share holders are duly cross verified-Deletion of addition is held to be justified.

PCIT v. Ambition Agencies (P.) Ltd. (2022) 284 Taxman 538 (Cal.)(HC)

S. 45 : Capital gains-Shares and securities as investment-Assessable as capital gains and not as business income-Interest free funds available was more than gross investment-No disallowance can be made. [S. 14A, 28(i), R.8D]

PCIT v. Gujarat Fluorochemicals Ltd. (2021) 133 taxmann.com 211 (Guj)(HC) Editorial : SLP of revenue is dismissed as infructuous; PCIT v. Gujarat Fluorochemicals Ltd. (2022) 284 Taxman 451 (SC)