Section 144B judiciary-2

Assessment order passed on a non-existent company is null and void

Allscripts (India) LLP Vs National Faceless Assessment Centre (ITAT Ahmedabad)

ITAT Ahmedabad held that draft assessment order u/s 143(3) read with section 144C of the Income Tax Act passed on a non-existent company is null and void....

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Chapter X cannot be invoked for making TP adjustment in case of AMP expenses

L’oreal India Private Limited Vs ACIT (ITAT Mumbai)

ITAT Mumbai held that provisions of Chapter X cannot be invoked for making a TP adjustment in case of Advertisement, marketing and promotion (AMP) expenses....

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Capitalized Expense shouldn’t be considered for computation of proportionate TP adjustment

Toyota Industries Engine India Pvt Ltd Vs NFAC (ITAT Bangalore)

ITAT Bangalore held that as professional and consultation charges & purchase of fixed assets are capitalized in the books of accounts, it should not be considered for computation of proportionate TP adjustment....

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HC quashes income tax demand notice for non-compliance of Section 144B

Arihant Roller Flour Mills Vs National Faceless Assessment Centre and anr (Punjab and Haryana HC)

Arihant Roller Flour Mills Vs National Faceless Assessment Centre and anr (Punjab and Haryana HC) Petitioner is seeking issuance of writ in the nature of certiorari for quashing order dated 24.03.2023 (P-6), notice of demand dated 24.03.2023 (P-7), notice dated 24.03.2023 ( P-8), as the orders/notices had been passed in violation of princ...

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Section 144B: Faceless Assessment – Violation of Natural justice – Matter remanded back to AO

Chennai Port Authority Vs DCIT (Madras High Court)

Chennai Port Authority Vs DCIT (Madras High Court) The learned counsel appearing for the petitioner further submitted that the petitioner’s request for personal hearing through video conferencing was not considered and the same was mechanically rejected and the impugned orders were passed, which is clear violation of principles of n...

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Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

Carrier Technologies India Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est....

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Without fresh tangible material reassessment of earlier Assessment is unsustainable

Pushpa Nahata Vs ITO (Bombay High Court)

Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable....

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AO cannot deny opportunity of hearing through video conference in Faceless Assessment

Chandubhai Dhanabhai Vaghela Vs National Faceless Assessment Centre (Gujarat High Court)

HC held that Once there is a request for personal hearing and as the law provides for availing the opportunity of personal hearing, this unilateral decision on the part of the assessing officer without availing opportunity of hearing is contrary to Section 144B (9) of the Income-Tax Act, 1961...

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Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court)

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing before the National Faceless Assessment...

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HC quashed Order passed without issuing SCN/draft assessment order

RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court)

RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court) Since in the present case, the impugned order has been passing without issuing a show cause notice / a draft assessment order which has been mandated under Section 144B(1)(xvi)(b) of the Act, the impugned assessment order dated 8th September, 2021 issued u...

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