Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajam Selvi v. ITO (2024) 301 Taxman 455 (Mad.) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Principle of natural justice-Order is set aside with the direction to pass orders in accordance with law, after affording reasonable opportunity of personal hearing to assessee. [S.68, 148, 148(A)(b), 148A(d), Art. 226]

Shri Renga Fabricators Pvt. Ltd. v. NFAC [2024] 469 ITR 25 (Mad)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice was sent to an Email ID no longer in use-Notice and consequential proceedings are quashed-Matter remanded to Assessing Officer for proper issue of initial notice [S.148A(d), Art. 226]

Sumeet Kawatra v. ITO (2024) 301 Taxman 488/341 CTR 697 / 243 DTR 257 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income from other sources-Gift of property from uncle-Nephew-Relative-Explanation (e) to proviso to section 56(2)(vii) provides that a relative would also include a brother or sister of either of parents of individual-Word ‘nephew’ has not been mentioned cannot be a reason for proceeding on basis that uncle or nephew are not relatives within meaning of Explanation (e) to proviso to section 56(2)(vii)-Reassessment notice is quashed. [S. 56(2)(vii), 148, 148A(b) 148Ad),149(1)(b), Art. 226]

Deekay Pine Board (P.) Ltd v. ACIT(2024) 167 taxmann.com 731 (Guj)(HC) Editorial : SLP is disposed of in terms of judgment of Supreme Court in UOI v. Rajeev Bansal [2024] 167 taxmann.com 70 (SC) Asstt. CIT v. Deekay Pine Board (P.) Ltd. (2024) 301 Taxman 552 (SC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for assessment year 2013-14, under old regime after expiry of six years-limitation period were barred by limitation. [S. 147, 148, 148A(b), 148A(d), 149, Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 226]

Uttam Galva Metallics Ltd.v. ACIT [2024] 166 taxmann.com 492 (Bom) (HC).

S.148 : Reassessment-Notice-After approval of resolution plan by NCLT for a period prior to approval of resolution plan-Notice is quashed.[S. 147 Insolvency and Bankruptcy Code, 2016, S.31, Art. 226]

20 Media Collective Pvt. Ltd.v Pr. ACIT (Bom) (HC)(UR)

S.148: Reassessment-Notice-Barred by limitation-Notice and order is quashed. [S.149(1)(b), Art. 226] Assessment year 2015-16-Barred by limitation (A.Y. 2015-16)

Mary Gene Gracious v. ITO (Bom)(HC)(UR)

S. 148 : Reassessment –Notice-Dead person-Notice and order is void ab initio [S. 147, Art. 226]

Changepond Technologies (P.) Ltd. v. ACIT (2024) 301 Taxman 613 (Mad.)(HC)

S. 147 : Reassessment –With in four years-Bad debt –Advances written off-Change of opinion-Reassessment notice and order disposing the objection is quashed and set aside. [S.36(1)(vii), 142(1), 143(3), Art. 226]

Costal Energy (P.) Ltd. v. Dy. CIT (2024) 301 Taxman 51 (Mad.) (HC)

S. 147: Reassessment-Provision of certain amount towards restatement of liability in foreign currency-Reassessment is valid Finding of fact given by Tribunal cannot be disturbed in appeal before the High Court.[S.37(1), 148, 254(1), 260A]

Nanubhai Vashrambhai Ramolia v. ACIT (2024) 301 Taxman 199 (Guj)(HC)

S. 147 : Reassessment –With in four years-Purchase and sale of land-Audit objection-Business income or capital gains-No fresh, tangible information-Reassessment notice and order disposing the objection is quashed.[S.28(i), 45, 148, Art. 226]