Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Satish Hassanand Bachani v. PCCIT [2024] 168 taxmann.com 419 (Bom.) (HC)

S. 151 : Reassessment-Sanction for issue of notice-Writ petition-Alternative remedy-Where appeal and revision proceedings were already pending against a reassessment order, writ petition challenging the said order on the ground of invalid sanction under section 151 was not to be entertained as the assessee had already availed of statutory remedies. [S 144, 144B, 147, 264, Art. 226]

Dennischarles John Das v. ITO [2024] 168 taxmann.com 123 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Writ petition-Alternate remedy-Where an assessee has already filed an appeal and a revision application against an assessment order, a writ petition challenging the same order on grounds of improper sanction is not maintainable. [S. 147, 264, Art. 226]

Gigantic Mercantile (P.) Ltd v. ACIT [2024] 165 taxmann.com 646 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice –Reopening after three years-Sanction from authority specified under Section 151(i) instead of Section 151(ii) is invalid. [S. 148, 148A(b), 148A(d),151(1), 151(ii), Art. 226]

Shri Vardhaman Multi State Cooperative Credit Society Ltd. v. ITO [2024] 160 taxmann.com 220 (Bom.) (HC)

S. 151 : Reassessment-Sanction for issue of notice-For notice issued after three years from end of relevant assessment year, sanction is required under section 151(ii)-Sanction granted under section 151(i) renders notice invalid.[S. 148, 151(i), 151(ii), Art. 226]

Agnello Oswin Dias v. ACIT [2024] 161 taxmann.com 16 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Jurisdiction-For a notice issued after three years from the end of the assessment year, sanction granted by the PCIT instead of the PCCIT is invalid. [S.148, 148A(b) 148A(d), 151(i), 151(ii), Art. 226]

Holiday Developers (P.) Ltd. v. ITO [2024] 159 taxmann.com 178 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Reopening after three years-Approval by PCIT instead of PCCIT-Sanction held invalid. [S. 148, 148A(b), 148A(d), 151(ii), Art. 226]

Ravindra Reddy Katamreddy v. DCIT [2024] 159 taxmann.com 5 (Bom)(HC)

S. 151: Reassessment-Sanction for issue of notice-For a notice issued after three years, sanction must be granted by the authority specified in section 151(ii); sanction under section 151(i) is invalid. [S. 147, 148, 148A, 151(1), 151(ii), Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3]

New India Assurance Company Ltd v. ACIT [2024] 158 taxmann.com 367 (Bom.)(HC)

S. 149: Reassessment-Time limit for notice-(AY. 2013-14)-Notice issued in July 2022 pursuant to Supreme Court decision in Ashish Agarwal is barred by limitation as the time limit under the unamended Act, including extensions under TOLA, had expired on 31.03.2021. [S. 147, 148, 148A, Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3]

Pratiksha Vipul Badani v. UOI [2024] 168 taxmann.com 442 (Bom.)(HC)

S. 149 : Reassessment-Time limit for notice-Notice for AY 2014-15 issued on 25.07.2022-Time limit under pre-amended law having expired on 31.03.2021-Notice held time-barred and quashed in view of first proviso to substituted Section 149. [S. 148, 148A(b),148A(d), Art. 226]

Gandhi Commodities LLP v. UOI [2024] 167 taxmann.com 436 (Bom.) (HC)

S. 149 : Reassessment-Time limit for notice-For AY. 2014-15, deadline expired on 31.03.2021-Notice issued on 25.07.2022 is barred by limitation. [S. 148, 148A(b), 148A(d), Art. 226]