Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Ardent Steel Ltd. (2025) 305 Taxman 629 (SC) Editorial : ACIT v. Ardent Steel Ltd. (2025)175 taxmann.com 816 (Chhatisgarh)(HC)

S. 148 : Reassessment-Notice-Notice through his Chartered Accountant-No notice was issued within period of limitation-Service of notice to Chartered Accountant was not valid service of notice-High Court quashed the reassessment notice-SLP delay of 327 days-Explanation rendered for delay was not satisfactory, SLP was dismissed on ground of delay and laches. [S. 149(1)(b), Art. 136]

Modern Realty (P.) Ltd. v. Dy. CIT (2025) 305 Taxman 115 (Bom)(HC)

S. 148 : Reassessment-Notice-Not dealt with the objections-Matter was t remanded back to Assessing Officer to pass a fresh order disposing of objections raised by assessee.[S. 147, Art. 226]

Kishore Kumar Singh v. ACIT (2025) 305 Taxman 48 (Patna)(HC)

S. 148 : Reassessment-Notice-Without supporting reasons-Notice is quashed and set aside. [S. 147, Art. 226]

Evergreen Infrasolutions (P.) Ltd. v. ACIT (2025) 305 Taxman 497 (Delhi)(HC)

S. 148 : Reassessment-Notice-Block period-Satisfaction note was recorded on 27-8-2024-Assessment year 2014-15 fell beyond ten-year block period and, therefore, impugned notice issued under section 148 was barred by limitation.[S. 132,148A(b), 148A(d), 158BC, Art. 226]

ACIT v. Dalmia Cement (Bharat) Ltd. (2025) 305 Taxman 26 (Mad)(HC) Editorial : Dalmia Cement (Bharat) Ltd v. ACIT (WP(Md) Nos.19202 of 2018 and 19826 of 2018 dt 30-10 2019 (SJ)(Mad)(HC)

S.147: Reassessment–Cash credits-Information from investigation wing-Round tripping-Share subscription agreement and shareholders agreement with KKR Mauritius-Failure on part of assessee to fully and truly disclose material facts-Reassessment notice was valid.[S. 148, Art. 226]

Sanjay Kaul v. ITO (2025) 305 Taxman 462 (Delhi)(HC)

S. 147 : Reassessment-With in four years-Cash credits-Penny stock-Accommodation entries-General information-India Infotech and Software ltd-SRK industries Ltd-Capital gains-Capital loss-Materials based on which said report was prepared had also not been placed on record by revenue-Conclusion arrived at by Assessing Officer was based on suspicion created by information that shares of IISL and SRK were penny stocks. On facts reassessment notice and order disposing the objection was quashed and set aside. [S. 45, 68, 148, Art. 226]

PCIT v. Nikunj Dhanuka (2025) 305 Taxman 661 (Cal)(HC)

S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Shown as short term capital gains-The Tribunal held that no material was placed on record to show how Assessing Officer concluded that LTCG exemption had been claimed. On appeal order of Tribunal is affirmed. [S. 10(38) 45, 143(1), 260A]

PCIT v. P.L. Goenka HUF (2025) 305 Taxman 398 (Cal)(HC)

S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Accommodation entry-Reassessment is affirmed-Order of Tribunal set aside. [S. 145, 148, 260A]

PCIT v. Event Developers (P.) Ltd. (2025) 305 Taxman 187 (Cal)(HC)

S.147: Reassessment-After the expiry of four years-Long term capital gains-Penny stock-Cash credits-Accommodation entries-Shell company-Reassessment is held to be valid-Order of Tribunal set aside. [S. 45, 68, 148, 260A]

CNB Finwiz Ltd. v. Dy. CIT (2025) 305 Taxman 363 (Delhi)(HC)

S.147: Reassessment-After the expiry of four years-Cash credits-Penny stock-Transaction in shares-Information from Investigation Wing-General information-No live nexues-Concluded assessment cannot be reopened.[S.37 (1),68, 143(3), 148, Art. 226]