Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. East Delhi Leasing (P.) Ltd. (2025) 304 Taxman 705 (Delhi)(HC)

S. 147 : Reassessment -Cash credits-Reason to believe-Suspicious Transaction Report (STR) -Burden of proof-Tribunal could not have applied the principle enunciated by court in criminal case to discharge of burden of proof beyond reasonable doubt-Order of Tribunal set aside. [S. 68, 148, 260A]

GlaxoSmithKline Pharmaceuticals Ltd. v. ACIT (2025) 304 Taxman 350 (Bom.)(HC)

S.147: Reassessment-After the expiry of four years-Sale promotion expenses incurred on doctor -Since there was no failure on part of assessee to disclose fully and truly all material facts necessary for assessment, reopening notice was quashed.[S. 143(3), 148, Art. 226]

Madhuri Sameer Gokhale v. NFAC (2025) 304 Taxman 359 (Bom.)(HC)

S.147: Reassessment-After the expiry of four years- Faceless Assessment Standard Operating Procedure -Natural justice-No fresh tangible material-Reassessment notice and order disposing the objection was quashed-Cash credits [S. 68, 144, 144B(6)(xi), 148, Art. 226]

Tata Communications Ltd. v. Dy. CIT (2025) 304 Taxman 476 (Bom)(HC)

S.147: Reassessment-After the expiry of four years- Transfer pricing-Arms’ length price-Avoidance of tax-International transaction-Gurantee fees- Pending before Tribunal- Court held that the Assessing Officer was debarred from initiating reassessment proceedings on that very issue -Re assessment notice and order disposing the objection was quashed. [S.92C, 143(3), 148, Art. 226]

Concentrix Services India (P.) Ltd. v. Dy. CIT (2025) 304 Taxman 211 (Bom.)(HC)

S.147: Reassessment-After the expiry of four years- Business expenditure -Premium paid on securities-The Assessing Officer had not disclosed which material facts, according to him, were not fully and truly disclosed by assessee for relevant assessment year. Accordingly the notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]

Pfizer Ltd. v. Dy. CIT (2025) 304 Taxman 455 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Promotional articles distributed to doctors for promotion-Change of opinion-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]

Emkay Global Financial Services Ltd v.ACIT (2024) 465 ITR 763 / 160 taxmann.com 275 (Bom)(HC) Editorial : SLP of revenue dimissed, ACIT v. Emkay Global Financial Services Ltd. (2025) 304 Taxman 185 / 482 ITR 286 (SC)

S.147: Reassessment-After the expiry of four years-Business loss-Stock broking-Change of opinion-High Court quashed the reassessment notice and order disposing the objection. [S. 28(i), 148, Art. 226]

Dy. CIT v. Castrol India Ltd. (2025) 304 Taxman 658 (SC) Editorial : Castrol India Ltd v. Dy.CIT (2024) 299 Taxman 71 (Bom)(HC)

S. 147 : Reassessment -With in four years-Donation-CSR expenditure-Change of opinion-Reassessment notice and order disposing the objection is quashed-SLP of revenue dismissed for failure to explain gross delay of 268 days. [S. 37(1), 80G, 147, 148, Art. 136]

PCIT v. Rawmin Mining and Industries (P.) Ltd. (2025) 304 Taxman 272 (SC)

S.147: Reassessment- Unexplained investments-Low tax effect-Report of enquiry Commission -Miscellaneous application- Three weeks time to get further instructions was to be granted to both assessee and revenue as jointly prayed for.[S. 268A, Art. 136]

ITO v. Hemanshu Ramniklal Shah (2025) 304 Taxman 610 / 482 ITR 147 (SC) Editorial : Hemanshu Ramniklal Shah v.ITO (2025) 171 taxmann.com 19/482 ITR 138 (Guj)(HC)

S. 147 : Reassessment-Cash credits-Change of opinion- Delay of 185 days in filing SLP-SLP of revenue dismissed on account of delay and also on merits. [S. 68, 148, Art. 136]