Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shabana Aijaz Khan v. ITO, IT (2026) 308 Taxman 87 (Bom.)(HC)

S. 151A: Faceless assessment scheme-Central charge-Notice was issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer, as mandated under the faceless reassessment procedure-Notice and consequential order were quashed and set aside. [S. 148, Art. 226]

Rahul Bagrecha v. Dy. CIT (2026) 308 Taxman 364 (Raj)(HC) Ashok Jethwani v. Pr. CIT (2026) 308 Taxman 425 (Raj)(HC) Bunts Pakirappa Narayana Rai v. ITO (2026) 308 Taxman 24 (Karn.)(HC) Shankaranarayana Constructions (P.) Ltd. v. Asst. CIT, Bengaluru (2026) 308 Taxman 112 (Karn)(HC)

S. 151A: Faceless assessment scheme-Reassessment-Notice by Jurisdictional Assessing Officer and not by Faceless Assessing Officer-Reassessment notice and consequential orders were quashed. [S. 147, 148, Art. 226]

Kandasamy Veluswamy v. Asst. CIT (2026) 308 Taxman 519 (Mad)(HC)

S. 149 : Reassessment-Time limit for notice-Notice u/s 148 of new regime on 29-7 2022-Notice issued under old regime on 30-6-2021, with in six year limitation under TOLA is to be treated as notice under section148A(b) of new regime-Notice issued on 29-7-2022 under new regime was in time-Writ petition dismissed. [S. 148, 148A(b), 151, Art. 226]

Veena Gupta v. Dy. CIT (2026) 308 Taxman 388 (Mad)(HC)

S. 149 : Reassessment-Time limit for notice-Assessing Officer issued notice under section 148 (old regime) on 30-6-2021-A notice under section 148A(b) was issued on 20-5-2022-Assessee filed a reply on 3-6-2022-Assessing Officer passed an order under section 148A(d) and also issued a notice under section 148 on 28-7-2022-Order passed under section 148A(d) dated 28-7-2022 and notice issued under section 148 dated 28-7-2022 were to be held as beyond time.[S. 148, 148A(b), 148A(d), Art. 226]

Vivaansh Edutech (P.) Ltd. v. Asst. CIT (2026) 308 Taxman 623 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Suspicious Transaction Report (STR)-Assessee had fully disclosed income and justified the same in reply filed before authorities-Reassessment notice and consequential orders were quashed and set aside. [S. 148, 148AI(b), 148A(d), Art. 226]

Goraj Infrastructure (P.) Ltd. v. ITO (2026) 308 Taxman 594 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income from other sources-Real estate development-Stock-in-trade-Absence of any new tangible material and where provisions of section 56(2)(x) were not applicable on merits, initiation of reassessment proceedings was unsustainable.[S. 56(2)(x), 148, 148A(b) 148A(d), Art. 226]

B.N. Gamadia Parsee Hunnarshala Trust v. ITO (E) (2026) 308 Taxman 326 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Property held for charitable purposes-Accumulation of income-Once conditions of section 11(2) were satisfied, accumulated income could not be included in total income, and the Assessing Officer had no discretion to deny such benefit-Reassessment notice and consequential order were quashed and set aside. [S.11(2),12A, 139(1),148, 148A(b), 148A(d), Form No 10, R. 17, Art. 226]

Asst. CIT v. Arunkumar Mahabirprasad Jatia (2026) 308 Taxman 157 (SC) Editorial : Arunkumar Mahabirprasad Jatia v.ACIT (2025) 180 taxmann.com 102 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment notice was quashed-Reassessment order based on the quashed order will not survive-Delay of 429 days-SLP of revenue dismissed on account of delay. [S. 148, 148A(b) 148A(d), Art. 136]

Dy. CIT v. Songwon Speciality Chemicals India (P.) Ltd. (2026) 308 Taxman 77 (SC) Dy. CIT v. Songwon Speciality Chemicals India (P.) Ltd. (2026) 308 Taxman 499 (SC) Editorial : Songwon Speciality Chemicals India (P.) Ltd v. Dy. CIT (2024) 169 taxmann.com 184 (Guj.) (HC) / Songwon Speciality Chemicals India (P.) Ltd v. Dy.CIT (2024) 169 taxmann.com 184 (Guj)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Depreciation-Goodwill-Audit objection-Non-application of mind-Order of High Court affirmed-SLP of revenue dismissed. [S. 32, 148A(b), 148A(d), Art. 136]

Sushila Gupta (Smt.) v. UOI (2026) 308 Taxman 619 (Cal)(HC)

S. 148: Reassessment-Notice in the name of a dead person-Reassessment notice and order were quashed and set aside. [S. 147, Art.226]