Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Adani Wilmar Ltd. v. ACIT (2023) 456 ITR 551 / 292 Taxman 592 (Guj.)(HC)

S. 148 : Reassessment-Notice in the name of non-existing company-Amalgamation-Notice issued in the non-existing company was quashed. [S. 147, Art. 226]

D.N. Vikraman v. ACIT (2023) 292 Taxman 449 (Mad.)(HC)

S. 148 : Reassessment-Notice in the name of dead person-Subsequent notice u/s 148A dated 6-6-2022 was not challenged-Writ petition challenging the earlier notice dated 3-5-20021 issued under section 148 was dismissed.[S. 148A, Art. 226]

Sandeep Chopra v. PCIT (2023) 455 ITR 613/ 292 Taxman 269 / 227 DTR1 (Jharkhand)(HC)

S. 148 : Reassessment-Notice on dead person-Intimated in the original assessment proceedings-Notice and order was quashed. [S. 142(2) 159, 292BB, Art. 226]

Sahjeevan Co-operative Housing Society Ltd. v. P CIT (2023) 458 ITR 486/ 292 Taxman 488/ 335 CTR 139 (Bom.)(HC)

S. 148 : Reassessment-Notice-Capital gains-Show cause notice-Disputed facts-Burden is on assessee-Since challenge to show-cause notice was based on disputed questions of facts, writ petition was dismissed. [S. 45, 147, Art. 226]

Rajhans Processors v. UOI (2023) 292 Taxman 332/332 CTR 581/ 225 DTR 224 (Raj.)(HC)

S. 147 : Reassessment-With in four years-Investment for purchase of property at Pali-Recorded reason the property mentioned at Delhi-reasons for reopening assessment were founded on non-existent transaction of purchase of property at Delhi, reassessment proceedings was quashed. [S.69, 148, Art. 226]

Ball Aerosol Packaging India (P.) Ltd. v. ACIT (2023)459 ITR 303 / 292 Taxman 55 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Shares issued at premium to non-resident company-Valuation certificates were furnished under FEMA regulations-Income from other sources-Detailed explanation was furnished in the course of original assessment proceedings-No new material or information-Reassessment notice and order was quashed and set aside. [S. 56(2)(viib), 79, 148, R.11UA, Art. 226]

Indo Colchem Ltd. v. Dy. CIT (2023) 292 Taxman 156 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Alternative remedy-Writ petition is dismissed.[S. 148, Art. 226]

Shree Nagalinga Vilas Oil Mills v. ITO (2023) 292 Taxman 533 /(2024) 337 CTR 232 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Cash credits-Objection raised by assessee were rejected without applying mind to facts-Material particulars, different from reasons given for reassessment-Reassessment notice and consequential orders were quashed and set aside. [S. 68, 92CA, 148, Art. 226]

Indu Goenka v. Asst. Unit, ITD (2023) 292 Taxman 444 (Cal.)(HC)

S. 144B : Faceless Assessment-Violation of principles of natural justice-Standard Operating Procedure (SOP) is not followed-The Assessing Officer had acted in a most perverse manner in passing assessment order-The assessment order was a classical example as to how an assessment should not be made-Assessing Officer had reduced procedure to an empty formality, which had to be deprecated-Assessment order was quashed and set aside. [S. 143(3), Art. 226]

Bharatkumar Rajendraprasad Dave v. Dy. ACIT(2023) 458 ITR 97/292 Taxman 173 (Guj.)(HC)

S. 144B : Faceless Assessment-Draft assessment order-Violation of principle of natural justice-Assessment order quashed and set aside and Assessing Officer was to be directed to provide sufficient opportunity to assessee after serving show cause notice cum draft assessment order. [S. 143(3), Art. 226]