Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Roquette India (P.) Ltd. v. ACIT (2023) 457 ITR 509/ 294 Taxman 251 (Guj.)(HC)

S. 148 : Reassessment-Notice-Amalgamation-Intimated to the Department-Cash credits-Notice in the name of company which is ceased to exist – Notice is quashed and set aside. [S. 147 Art. 226]

Bennett Coleman and Company Ltd v. UOI (2023) 294 taxman 372 (Bom)(HC)

S. 148 : Reassessment-Notice-Notice issued in the name of non-existent entity-Knowledge of amalgamation was made to the department-notice issued was set-aside.[S. 147, Art.226]

Modern Living Solutions (P.) Ltd. v. ITO (2023) 294 Taxman 446 (Bom.)(HC)

S 148: Reassessment-Notice-Jurisdictional issue-Alternative remedy-Writ petition is maintainable. [S. 147, Art. 226]

K. Devasis Patro v.ITO (2023) 153 taxmann.com 197 (Orissa) (HC) Tapan Kumar Ghadei v. ITO (2023) 153 taxmann.com 576 (Orissa)(HC) Editorial : SLP of Revenue is dismissed due to low tax effect, ITO v. K. Devasis Patro (2023) 294 Taxman 343 (SC)/ ITO v. Tapan Kumar Ghadei (2023) 455 ITR 356 /294 Taxman 522 (SC)

S. 148 : Reassessment-Notice-Beyond period of limitation of six years-Notice and consequential order was quashed. [S. 147, 149, Art. 226]

ITO v. K. Devasis Patro (2023) 294 Taxman 343 (SC) ITO v. Tapan Kumar Ghadei (2023) 455 ITR 356 /294 Taxman 522 (SC) Editorial: K. Devasis Patro v.ITO (2023) 153 taxmann.com 197 (Orissa) (HC) / Tapan Kumar Ghadei v. ITO (2023) 153 taxmann.com 576 (Orissa)(HC)

S. 148 : Reassessment-Notice-Beyond period of limitation-Notice and consequential order was quashed-SLP of the Revenue is dismissed due to low tax effect-Issue is kept open. [S. 147, 149, Art. 136]

Dy. CIT v. Marwadi Shares & Finance Ltd. (2023) 294 Taxman 600 (SC) Editorial: Marwadi Shares & Finance Ltd v. Dy.CIT (2018) 407 ITR 49/ 94 taxmann.com 398 (Guj)(HC)

S. 148 : Reassessment-Notice-Reassessment notice issued would remain in operation unless it is specifically withdrawn, quashed or gets time barred-SLP of Revenue is dismissed as the amount of tax in dispute is low. [S. 147.]

Adani Power Maharashtra Ltd. v. ACIT (2023) 294 Taxman 414/(2024) 460 ITR 720 (Guj.)(HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Adani Power Maharashtra Ltd. (2024) 297 Taxman 394 / 460 ITR 729 (SC)

S. 147 : Reassessment-With in four years-corporate social responsibility expenses-Reopening was without application of mind-Reassessment notice and order disposing the objection is quashed. [S. 148, Companies Act, 2013, S. 135 Art.226]

Vedanta Ltd. v. B.D. Naik, Dy. CIT (2023) 294 Taxman 465 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Interest paid on loans borrowed-Controlling interest-Change of opinion-Allowed as business expenditure-Notice to reopen assessment was merely on basis of change of opinion of Assessing Officer and same was to be set aside. [S. 37(1), 148, Art. 226]

Vodafone Mauritius Ltd v. ACIT (2023) 294 Taxman 43 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-Sale of shares-Tax Residency Certificate under laws of Mauritius-Capital gains-Nothing in form of information or material had been put on record-Reassessment notice is quashed and set aside-Matter was to be remanded back to AO to confront assessee with relevant material-DTAA-India-Mauritius. [S. 148, Art. 13, Art. 226]

Ramona Massar v. UOI (2023) 294 Taxman 89 /334 CTR 880 (Meghalaya)(HC)

S. 147 : After the expiry of four years-Investment in Mutual funds-Did not file the income tax return-Did not respond to various notices-Neither conduct nor alleged prejudice suffered by assessee prompt Court to exercise any discretion to receive matter and adjudicate same without leaving assessee free to approach regular statutory remedy in accordance with law-Writ petition is dismissed. [S. 10(26),10(45), 139(1), 139(4C), 142(1), 148, Art. 226, Civil Procedure Code, 1908, Order VII Rule 11,]