Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Srinivasa and Co. v. NFAC (2026) 486 ITR 454 / 185 taxmann.com 802 (Mad)(HC)

S. 147: Reassessment-Unexplained money-Reassessment order making addition under section 69A was passed without granting personal hearing, and despite the assessee seeking adjournment on medical grounds, the portal was closed before reply could be filed; the order violated principles of natural justice and the matter was remanded for fresh adjudication-Directions to the Department to open portal subject to payment of Rs. 2,000 to hospital by assessee-Order to be passed after considering the assessee’s reply.[S.69A 144B,149 Art. 226]

O 3 Developers Pvt. Ltd v. ITO [2025] 174 taxmann.com 1028 / (2026) 486 ITR 245 (Guj)(HC) Editorial: SLP of revenue was dismissed, ITO v. O 3 Developers Pvt. Ltd. (2026) 486 ITR 269/ 182 taxmann.com 373 (SC)

S. 147: Reassessment-Information from Insight Portal-Allegation of accommodation entries-No independent inquiry conducted or evidence recorded to establish nexus with assessment records-Reasons recorded not sufficient to form bona fide belief of escapement of income-Reopening based on borrowed satisfaction and for fishing inquiry-Notice and consequential orders were quashed-Change of name and permanent account number not resulting in change of territorial jurisdiction-Assessing Officer before whom return had been filed earlier has jurisdiction to issue notice [S. 120, 124, 148,Art. 226]

Amitkumar Chandulal Rajani v. ITO [2025] 173 taxmann.com 302 / (2026) 486 ITR 230 (Guj)(HC) Editorial : SLP of revenue dismissed, ITO v. Amitkumar Chandulal Rajani (2026) 310 Taxman 575 (SC)

S. 147: Reassessment-AO recorded reasons mechanically on information received from Investigation Wing / DCIT arising from search on third party-Reasons based on borrowed satisfaction and incorrect factual assumptions, evidencing non-application of mind-Reopening notice and consequential proceedings quashed. [S.148, S.151, Art. 226]

Adani Wilmar Ltd. v. Asst. CIT [2025] 172 taxmann.com 732 /(2026) 486 ITR 400 (Guj)(HC) Editorial: SLP of revenue dismissed CIT (Asst.) v. Adani Wilmar Ltd. (2026) 486 ITR 408 / 311 Taxman 157 (SC)

S. 147: Reassessment-Notice under section 148 invalid where original assessment was completed under section 143(3) after full disclosure and satisfaction of AO-AO lacked jurisdiction to reopen assessment in absence of fresh tangible material and amounted to mere change of opinion-Notice and order disposing objections were quashed and set aside-Reassessment cannot be sustained without new material. [S.115JB, S.143(3), S.148]

ITO v. O3 Developers (P.) Ltd. [2026] 486 ITR 269 / 182 taxmann.com 373 (SC) Editorial : O3 Developers (P.) Ltd v.ITO [2025] 174 taxmann.com 1028 /(2026) 486 ITR 245 (Guj)(HC)

S. 147: Reassessment-Cash credits-Change in name-Territorial jurisdiction-Information on Insight portal-Held, mere change in name does not lead to change in jurisdiction-Held, no evidence relied on during recording of reasons-Reopening quashed-SLP dismissed. [S. 68, 124(1),148, Art. 136]

ACIT v. Adani Power Rajasthan Ltd. (2026) 486 ITR 226 (SC) Editorial: Adani Power Rajasthan Ltd v.ACIT(2023) 454 ITR 734 (Guj)(HC)

S.147: Reassessment-Audit objection-CSR expenditure-Reassessment proceedings initiated solely on audit objection, without independent application of mind by AO, are invalid-Reassessment proceedings quashed.[S. 37(1), 148, Companies Act 2013, S.135, Art. 136]

ITO v. Amitkumar Chandulal Rajani (2026) 486 ITR 238/ 182 taxmann.com 368 (SC) Editorial : Amitkumar Chandulal Rajani v. ITO [2025] 173 taxmann.com 302 / (2026) 486 ITR 230 (Guj)(HC)

S. 147: Reassessment-AO recorded reasons mechanically on information received from Investigation Wing / DCIT arising from search on third party-Reasons based on borrowed satisfaction and incorrect factual assumptions, evidencing non-application of mind-Reopening notice and consequential proceedings quashed by High Court-SLP of revenue was dismissed. [S.148, S.151,Art. 136]

ACIT v. Adani Wilmar Ltd (2026) 486 ITR 408/ 311 Taxman 157 (SC) Editorial: Adani Wilmar Ltd. v. Asst. CIT, [2025] 172 taxmann.com 732 / (2026) 486 ITR 400 (Guj)(HC).

S. 147: Reassessment-AO lacked jurisdiction to reopen assessment in the absence of fresh tangible material and it amounted to a mere change of opinion-Notice and order disposing of objections were quashed and set aside by High Court-SLP of the revenue dismissed. [S.115JB, S.143(3), S.148, Art. 136]

CIT(IT) v. Sutherland Global Services Inc. [2025] 175 taxmann.com 897/2026] 486 ITR 168 (Mad)(HC)

S. 144C: Reference to dispute resolution panel-DRP directions and order without DIN number-Held, DRP directions and Order quashed-CBDT circular binding-Appeal dismissed. [S.119, 260A]

CIT v. Laserwords US Inc. [2025] 175 taxmann.com 920/[2026] 486 ITR 159 (Mad)(HC)

S. 144C: Reference to dispute resolution panel-DRP directions and order without DIN number-Held, DRP directions and Order quashed-CBDT circular binding-Appeal dismissed. [S. 119m, 114C(13), 260A]