Section 148A(d) of the Income Tax Act
The decision most relied on for Section 148A(d) is Sir Kikabhai Premchand v. CIT (24 ITR 506), cited in 152 of the 590 judgments on BharatTax that turn on this section.
Leading authorities on Section 148A(d)
One cannot make a taxable profit or loss from transactions with oneself, as profit only arises from dealings with external third parties, even when transferring assets between different accounts or divisions of the same entity.
Approval granted by the Principal Chief Commissioner or Principal Commissioner under Section 151 for reassessment proceedings under Section 148 must reflect due application of mind. A mere endorsement of "approved" without reasons or reference to material is insufficient, as the approval serves as a safeguard and must be meaningful, not ritualistic or formal.
Mere cash deposits in a bank account, without the Assessing Officer's independent application of mind on reasons to believe, are not sufficient grounds to invoke jurisdiction under Section 147 for reassessment proceedings.
Reassessment notices under Section 148A, issued in the context of faceless assessment proceedings, must be issued by the designated Faceless Assessing Officer and not by a Jurisdictional Assessing Officer.
A faceless assessment, particularly one framed under the income escaping assessment provisions or an order issued under Section 148A(d), can be quashed where found to be invalid, allowing the assessee's appeal.
Notices issued under Section 148 concerning international taxation charges must be processed in a faceless manner, in accordance with Sections 144B and 151A of the Income-tax Act, 1961, and the scheme notified by the Central Government via CBDT Notification dated March 29, 2022.
Disallowance under Section 40A(3) can be dispensed with if the assessee proves business expediency for cash payment and verifies the genuineness of the transaction, even if it doesn't fall under Rule 6DD.
Judgments on Section 148A(d)
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