Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bhoomi Viral Shah v. ITO (2024) 300 Taxman 474/(2025) 473 ITR 574 (Bom.)(HC) (Bom.)(HC)

S. 149 : Reassessment-Time limit for notice-Assessing Officer had proceeded without jurisdiction by applying amended provisions of section 149 to case in hand when he issued notice on 25-7-2022 overlooking fact that limitation had already expired on 31-3-2020-Reopening notice issued under section 148 is quashed.[S. 148, 149(1)(b) Art. 226]

Agarwal Polysacks Ltd. v. Pr. CIT (2024) 300 Taxman 535 (Raj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Sale consideration received in cash-Sale by Power of Attorney holder-Since a detailed adjudication on merits of information available with Assessing Officer and defence set up by assessee is not contemplated at stage of passing an order under section 148A(d)-Writ petition is dismissed.[S. 69A, 148, 148A(b), 148A(d), Power of Attorney Act, 1882, Art. 226,]

Divine Infracon (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 605 /242 DTR 565/(2025) 342 CTR 46 / 475 ITR 200 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amounts of investments not fully disclosed in books of account-Report from District Valuation Officer (DVO)-Fixed asset and Capital WIP-Failure to apply mind-Reassessment notice and order disposing the objection is quashed.[S. 48, 69A, 148, Art. 226]

Praveen Sanjiv v. ITO (2024) 300 Taxman 33 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Violation of principle of natural justice-Order passed without considering the documents submitted by the assessee-Assessment order is set aside and matter is remanded for reconsideration from stage of reply to show cause notice cum draft assessment order.[S. 69, 148, 148A(b), 148A(d), Art. 226]

Pandian Narayanan v. NFAC (2024) 300 Taxman 559 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Immovable property-Added entire sale consideration-[S. 69, 148, 148A(b), 148A(d), Art. 226]

Johnson Koomullil Thomas v. ITO (2024) 300 Taxman 318 (Ker)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Officer who has issued the notice and heard the matter-Order is passed by the Officer who has not heard the matter-Order and notice is set aside.[S. 148, 148A(b), 148A(d), Art. 226]

Sushila Sureshbabu Malge v. ITO (2024) 300 Taxman 302 /468 ITR 624 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Project competition method-Method of accounting-Tax deducted at source-Mandatory to pass speaking order-Reassessment notice is bad in law-Faceless assessment-JAO had no jurisdiction to issue notice under section 148 as per requirements of section 151A read with section 144B.[S. 143(1),144B, 145, 148, 148A(b), 148A(d), 151, 151A, 194IA, Art. 226]

Hede Ferrominas (P.) Ltd. v. ACIT [2023] 147 taxmann.com 215 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Unexplained moneys – No return is filed within time allowed – Not explained receipt of amount – Reassessment notice is held to be valid – Writ petition is dismissed. [ S.69A, 148 , Art. 226 ]

Achuthan Rajarajan v. Assessment Unit, ITD (2024) 300 Taxman 241 /468 ITR 159 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Sale of immovable property-Failure to reply-Reasonable cause-In view of submissions made by assessee, assessment order and penalty order is set aside on condition that assessee would remit a sum towards income tax demand, as agreed to, and submit a reply to show cause notice-Matter remanded- Petitioner is directed to deposit Rs .2,00,000 lakhs towards income -tax demand . [S. 143(3), 148, 148A(b) 148A(d),Art. 226]

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]