S. 127 : Power to transfer cases – Transfer of case from Mumbai to Bangalore- No reason was recorded – Order of transfer of case was set aside [ S. 127(2), Art , 226 ]
Divesh Prakashchand Jain v PCIT (2022) 445 ITR 496 /285 Taxman 206 (Bom)(HC))S. 127 : Power to transfer cases – Transfer of case from Mumbai to Bangalore- No reason was recorded – Order of transfer of case was set aside [ S. 127(2), Art , 226 ]
Divesh Prakashchand Jain v PCIT (2022) 445 ITR 496 /285 Taxman 206 (Bom)(HC))S. 115-O : Domestic companies – Tax on distributed profits – Not liable to pay dividend distribution tax on dividend paid by it to share holders [ S. 2(22))(a),Art, 226 , SIDBI Act , 1989 , S. 29(2), 50]
Small Industries Development Bank of India v. CBDT (2022) 441 ITR 80/ 285 Taxman 113 / 209 DTR 171/ 324 CTR 317 / 209 DTR 171/ 324 CTR 317 (Bom) (HC)S. 92C : Transfer pricing – Arm’s length price -Comparable – Opportunity of hearing was not given – Matter remanded [ S. 254(1) ]
Jacob Engineering India ( P)Ltd v. ACIT ( 2022) 285 Taxman 326 ( Bom)( HC)S. 80IB(10) : Housing projects- Completion certificate for seven buildings – Plan for eight building was revised – Entitle to deduction for seven buildings [ S. 260A]
PCIT v. Prathamesh Constructions (2022) 285 Taxman 287 / 324 CTR 542 / 209 DTR 363 (Bom) (HC)S. 69A : Unexplained money – Survey – Addition of hypothetical basis – Deletion of addition by the Tribunal is affirmed . [ S. 133A , Indian Evidence Act , 1872, S. 65B ]
PCIT v. Nexus Builders and Developers (P.) Ltd. (2022) 285 Taxman 233(Bom)(HC)Pradhan Mantri Garib Kalyan Deposit Scheme, 2016 (PMGKY)-Finance Act, 2016.
S. 199A : Undisclosed Income- Failure to deposit the amount-willing to deposit with interest-Directed the department to appropriate sum from amount held by it to scheme and return the balance amount. [S. 199D, 199E, 199F, Art. 226]
Sabeel Mkohammed Sirajahmed Umachigi v. ITO (2022) 440 ITR 99 (Karn.)(HC)S. 281B : Provisional attachment-Merely stating likelihood of huge liability-Attaching fixed deposit-Order cryptic, unreasoned, non-speaking and laconic-Order was quashed. [S. 153A, Art, 226]
Indian Minerals and Granite Co. v. Dy. CIT (2022) 440 ITR 292 (Karn.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Reassessment-Period of limitation commences from date of original assessment and not from date of reassessment- Revision barred by limitation-Donation to corpus fund-Capital in nature. [S. 11(1)(d), 11(5), 143(1),147, 148, 263(2)]
CIT(E) v. Choice Foundation (2022) 440 ITR 106 / 285 Taxman 48 (Ker.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Export-Change in share holdings without beneficial interest-Reassessment proceedings initiated was dropped-No jurisdiction under section 263 to examine the correctness of decision by the Assessing Officer. [S. 10A(9), 147, 148]
CIT v. Barry-Wehmiller International Resources (P.) Ltd. (2022) 440 ITR 403 / 211 DTR 127 (Mad.)(HC)S. 260A : Appeal-High Court-Review-Deemed dividend-Matter pending before larger Bench of Supreme Court-Order restored to extent of issue pending before larger Bench. [S. 2(22)(e)]
PCIT v. Gladder Ceramics Ltd. (2022) 440 ITR 459 (Guj.)(HC)