Tag Archives: IN THE ITAT RAIPUR BENCH

Reassessment Notice Issued Under Sanction of Principal Commissioner Instead of Specified Joint Commissioner Is Void

By | August 21, 2026
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Reassessment Notice Issued Under Sanction of Principal Commissioner Instead of Specified Joint Commissioner Is Void Issue Whether a Section 148 reassessment notice issued for AY 2015-16 under the extended TOLA timeline is invalid if statutory approval was obtained from the Principal Commissioner instead of the specified Joint Commissioner under Section 151(2). Facts Assessee was issued… Read More »

Repayment of unsecured loans prior to assessment completion proves genuineness, rendering Section 68 addition and interest disallowance unsustainable.

By | August 21, 2026
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Repayment of unsecured loans prior to assessment completion proves genuineness, rendering Section 68 addition and interest disallowance unsustainable. Issue Whether an addition under Section 68 toward unexplained cash credits and consequential interest disallowance can be sustained when the unsecured loans received from lenders were fully repaid prior to the completion of the assessment. Facts Assessee,… Read More »

Pr. CIT cannot invoke Section 263 revision without conducting independent enquiry or proving assessment order erroneous.

By | August 21, 2026
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Pr. CIT cannot invoke Section 263 revision without conducting independent enquiry or proving assessment order erroneous. Issue Whether a revision order passed under Section 263 by the Pr. CIT can be sustained when the Assessing Officer (AO) had already verified the issues during assessment and the Pr. CIT failed to conduct an independent enquiry or… Read More »

Unexplained Capital Introduced By Partners Cannot Be Added As Cash Credit Under Section 68 In Hands Of Partnership Firm

By | August 20, 2026
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Unexplained Capital Introduced By Partners Cannot Be Added As Cash Credit Under Section 68 In Hands Of Partnership Firm Unexplained Capital Introduced By Partners Cannot Be Added As Cash Credit Under Section 68 In Hands Of Partnership Firm Issue Whether an addition under Section 68 for unexplained cash credit can be made in the hands… Read More »

Delay in penalty show-cause notice and non-deduction on Section 69C disallowances invalidates Section 271C penalty.

By | August 3, 2026
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Delay in penalty show-cause notice and non-deduction on Section 69C disallowances invalidates Section 271C penalty. Issue Whether an inordinate, unexplained delay of 18 months by the competent authority in issuing a first show-cause notice after receiving a reference renders the penalty order under Section 271C unsustainable. Whether penalty under Section 271C for non-deduction of TDS… Read More »

Reassessment issued beyond three years with Principal Commissioner approval is void ab initio.

By | August 3, 2026
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Reassessment issued beyond three years with Principal Commissioner approval is void ab initio. Issue Whether an order under Section 148A(d) and a notice under Section 148 issued after more than three years from the end of the relevant assessment year are valid when approved by the Principal Commissioner instead of the specified higher authority under… Read More »

Reassessment completed by a different Officer without issuing Section 148 notice or Section 127 order is invalid.

By | August 3, 2026
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Reassessment completed by a different Officer without issuing Section 148 notice or Section 127 order is invalid. Issue Whether a reassessment completed by an Assessing Officer under Section 143(3) read with Section 147 is legally valid when the Section 148 notice was issued by a different officer, no fresh notice was issued by the assessing… Read More »

Assessment Completed by ACIT Without Issuing Section 143(2) Notice Held Void for Want of Jurisdiction

By | August 1, 2026
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Assessment Completed by ACIT Without Issuing Section 143(2) Notice Held Void for Want of Jurisdiction Issue Whether an assessment completed under Section 143(3) by an ACIT without issuing a mandatory notice under Section 143(2) is valid in law, where the initial Section 143(2) notice had been issued by an ITO. Facts The case pertains to… Read More »

In the absence of new material facts, the principle of consistency applies and school’s surplus cannot be assessed separately when integrated into the parent board’s accounts.

By | August 1, 2026
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In the absence of new material facts, the principle of consistency applies and school’s surplus cannot be assessed separately when integrated into the parent board’s accounts. Issue Whether the surplus/income of a school can be separately assessed in its hands under Section 144 of the Income-tax Act, 1961, when it claims to be part of… Read More »

Assessment Completed by ACIT Without Fresh Notice Under Section 143(2) Is Without Jurisdiction

By | July 30, 2026
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Assessment Completed by ACIT Without Fresh Notice Under Section 143(2) Is Without Jurisdiction Issue Whether an assessment completed by an Assessing Officer (ACIT) under Section 143(3) without issuing a mandatory notice under Section 143(2) is void for lack of jurisdiction, even if a previous notice under Section 143(2) was issued by another officer (ITO). Facts… Read More »