Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Maruti Koatsu Cylinders Ltd. v. Dy. CIT (2024) 300 Taxman 388 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Power to transfer cases-Transfer order dated 11-1-2023-Case of petitioner was transferred from Vadodara to Ahmedabad-Assessing Officer at Vadodara had no jurisdiction to issue notice under section 148A for re-opening of assessment is not valid-Once NCLT approved application filed under IBC, 2016 and resolution plan was also approved, Assessing Officer would not have any jurisdiction to re-open assessment with regard to assessment year 2019-20 [S. 127(2), 127(3), 148, 148A(b) 148A(d), Insolvency and Bankruptcy Code, 2016, 10, Art. 226]

Mandakini Travels and Tours (P.) Ltd. v. UOI (2024) 300 Taxman 278 (Uttarakhand)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Investigation was shared to the petitioner-Sufficient time was allowed to file the reply-Sanction was granted-Notice is valid-Writ petition is dismissed.[S. 148, 148A(b) 148A(d) 151(2), Art. 226]

Pratima Halder v. UOI (2024) 300 Taxman 226 / 468 ITR 23 (Cal.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Opportunity of hearing-Order passed without giving an opportunity of hearing is quashed and set aside.[S. 148A(b) 148A(d), Art. 226]

L and T Finance Ltd. v. Asst. CIT (2024) 300 Taxman 531 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Everest Kanto Cylinder Ltd. v. Asst. CIT (2024) 300 Taxman 190 / (2025) 473 ITR 148 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Future Market Networks Ltd. v. Asst. CIT (2024) 300 Taxman 480 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Vidhyadhar Shetty v. ITO (2024) 300 Taxman 185 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Chowgule Industries (P.) Ltd. v. ACIT[2022] 142 taxmann.com 472 (Bom) ( HC)

S. 143(3) :Assessment – Reassessment – Notice – Principle of natural justice – Alterative remedy – Non – existent company – Assessment order is up loaded – Cash deposits – Notices were served on assessee’s Chartered Accountant through e-mail Id which is registered by assessee with Income-tax Department – Writ petition is dismissed – Liberty is granted to assessee to appeal against assessment order made in pursuance of impugned notices on all grounds . [ S. 147, 148 , Art . 226 ]

Samp Furniture (P.) Ltd. v. ITO (2024) 300 Taxman 452 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Cash deposit-Demonetaisation-Sanction is mechanical without application of mind-CIT(A) deleted the addition-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S. 69A, 119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]

Surya Cotspin Ltd. v. PCCIT (2024) 300 Taxman 613 (P&H)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]