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
Click here to download the pdf versions of the Digest of case laws
S. 147 : Reassessment-After the expiry of four years-Business expenditure-Advertisement and marketing expenditure-Change of opinion-Reassessment notice was quashed. [S. 37(1), 148, Art. 226]
Rich Feel Health and Beauty (P.) Ltd. v. ITO (2021) 132 taxmann.com 228 (2022) 284 Taxman 286 (Bom.)(HC)
S. 144B : Faceless Assessment-Order passed without considering the reply-Incorrect affidavit by the Assessing Officer-Show cause notice was issued for perjury proceedings-Cost of Rs 10000 was imposed payable to PM Cares Fund-Order was set aside. [Art. 226]
Mateen Pyarali Dholakia v. UOI (2021) The Chamber’s Journal-October-P. 105 (Bom.)(HC)
S. 144B : Faceless Assessment-Order passed without providing the draft assessment order-Order was quashed-Directed the revenue to prepare draft assessment order as prescribed by law. [Art. 226]
Bhavi Homes Pvt. Ltd. v. NFAC (2021) The Chamber’s Journal-December-P. 165 (Bom.)(HC)
S. 144B : Faceless Assessment-Personal hearing was not granted-Violation of principle of natural justice-Assessment order was quashed-Directed to grant an opportunity of hearing by way of Video Conferencing. [S. 144B(7), 144B(9), Art. 226]
KRS Home Developers (P) Ltd. v. NFAC (2021) 283 Taxman 413 (Delhi)(HC)
S. 143(3) : Assessment-Show cause notice is mandatory-Assessing Officer is expected to crystalise the issues and issue a show cause notice setting out the issues and solicit the response of the assessee-Assessment order was set aside. [Art. 226]
Eshakti.com Pvt. Ltd. v. ACIT (2021) The Chamber’s Journal-July-P. 153 (Mad.)(HC)
S. 139 : Return of income-Revised return-Permitted to file revised return in an electronic mode once the direction of the NCLT was communicated. [Art. 226]
Deep Industries Ltd. v. DCIT (2021) The Chamber’s Journal-December-P. 63 (Guj.)(HC)
S. 115-O : Domestic companies-Tax on distributed profits-Non-Obstante clause-Overriding effect-Amount distributed or paid by way of dividend falls under the category of profits under section 50 of the SIDBI Act-Not liable to pay additional tax. [SIDBI Act, S. 29(2), Unit Trust India Act, 1963, S. 32]
Small Industries Development Bank of India v. CBDT (2022) The Chamber’s Journal-January-P. 74. (Bom.)(HC)
S. 72 : Carry forward and set off of business losses-Delayed furnishing of ITR-V-Order of Tribunal allowing the carry forward of losses was affirmed. [S. 80, 139]
PCIT v. Electronics and Controls Power Systems Pvt Ltd (2021) The Chamber’s Journal-December-P. 65 (Karn.)(HC)
S. 37(1) : Business expenditure-Estate developer-Payment made to settle the dispute to clear the title-Joint venture agreement-Tribunal has no power to rewrite the agreement-Allowable as deduction.
Maya Ventures Pvt. Ltd. v. ACIT (2021) The Chamber’s Journal-April-P. 99 (Karn.)(HC)