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-Seeking clarification-Retention money-No failure to disclose material facts-Reassessment is bad in law. [S. 148, Art, 226]

Subrahmanyan Constructions Co. (P) Ltd. v. ACIT (2021) 207 DTR 289 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Directed to pass speaking order while disposing the objections after considering the objections of the assessee-Assessment order was quashed and set aside. [S. 148, Art. 226]

Shilpa Realty (P) Ltd. v. ITO (2021 323 CTR 830 / 208 DTR 70 (Guj.) (HC)

S. 144C : Reference to dispute resolution panel-Power of enhancement-Any matter relating to assessment-Writ was dismissed. [S.92C, 144C(8), Art, 226]

Delphi-TVS Diesel Systems Ltd. v. ITO (2021) 323 CTR 508 / 207 DTR 329/ ( 2022) 440 ITR 310 / 286 Taxman 144 (Mad.)(HC)

S. 144B : Faceless Assessment-Cash credits-Violation of principle of natural justice-Two days’ time was not granted-Draft assessment order was not provided-Assessment order was set aside. [Art. 226]

Setu Securities (P) Ltd. v. NFAC (2021) 323 CTR 646 / 207 DTR 425 (Bom.)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Opportunity of personal hearing was not granted-Order was set aside-Directed the Assessing Officer to pass a reasonable order in accordance with law. [S. 143(3), 144B(7), Art. 226]

Umkal Healthcare (P) Ltd. v. NFAC (2021) 283 Taxman 504 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Without affording personal hearing-COVID-19-Order was set aside and remanded back for adjudication a fresh. [S. 143(3), Art. 226]

Ramprastha Buildwell (P.) Ltd. v. NEAC (2021) 283 Taxman 235 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-No show cause notice and draft assessment order was issued-Assessment order was set aside and remanded back to Assessing Officer. [Art. 226]

Novelty Merchants (P) Ltd. v. NFAC (2021) 283 Taxman 385 (Delhi) (HC) Pooja Singla Builders and Engineers (P) Ltd. v. NAFC (2022) 440 ITR 413/ ( 2021 ) / 283 Taxman 491 (Delhi)(HC) Religare Enterprises Ltd. v. NFAC (2021) 283 Taxman 408 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Order passed without issuing show cause notice and draft assessment order-Order was set aside and remanded. [Art. 226]

Javin Construction (P) Ltd. v. NFAC (2021) 283 Taxman 42 / (2022)448 ITR 354 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-No draft assessment order was passed-Order was set aside. [S. 143(3), Art. 226]

International Management v. NFAC (2021) 283 Taxman 78 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Order passed without issuing show cause notice and draft assessment order-Order was set aside and remanded with the direction to pass a reasoned order in accordance with law. [S. 143(3), 144B(7), Art. 226]

Globe Capital Foundation v. National E-assessment Centre. (2021) 283 Taxman 411 (Delhi)(HC)