Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Yashnu Yasasvi Polucherla v. ITO (2025) 307 Taxman 393 (Telangana)(HC)

S. 151A: Faceless assessment scheme-Reassessment proceedings were initiated by the jurisdictional Assessing Officer-Reassessment notice and consequential proceedings were quashed. [S. 148, 148A(b) 148A(d), Art. 226]

ITO v. Prakash Pandurang Patil (2025) 307 Taxman 618 (SC) Editorial :SLP restored, ITO v. Prakash Pandurang Patil (2025) 306 Taxman 341 (SC)

S. 151A : Faceless assessment scheme-Interlocutory application seeking restoration of SLP was allowed and restored to its original number on file-Sanction to issue of notice-Reassessment was initiated after the expiry of three years-Interlocutory application seeking restoration of SLP was to be allowed and restored to its original number on file. [S. 148, 151, Art. 136]

ITO, IT v. Shapoorji Pallonji Mistry (2025) 307 Taxman 620 (SC) Editorial: Labh Investment v.ITO (2025) 170 taxmann.com 628 (Bom) HC)

S. 149 : Reassessment-Time limit for notice-Validity of a notice must be judged on the basis of the law existing as on the date on which the notice was issued u/s 148-Reassessment notice dated 31-7-2022 was barred by limitation-SLP of revenue was dismissed. [S. 148, 148A(b), 148A(d), Art. 136]

ACIT v.Bharat Ramanlal Parekh(2025) 307 Taxman 391 (SC) Editorial : Bharat Ramanlal Parekh v.ACIT (2015) 178 taxmann.com 314 (Bom)(HC)

S. 149: Reassessment-Time limit for notice-validity of a notice must be judged on basis of law existing as on date on which notice was issued under section 148-Order passed under section 148A(d) and notice issued under section 148 were quashed on ground of limitation-Issue is covered in the case UOI v. Rajeev Bansal [2024] 301 Taxman 238 (SC)-Assessing Officer was directed to dispose of objections of assessee accordingly.[S. 148, 148A(b), 148A(d), Art. 136]

Utpala Pradeep Jain v. ACIT (2025) 307 Taxman 432 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Demonetization-Reasons recorded are contrary to facts-Notice and order under section 148A(d) are quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]

Karnataka Co-operative Sheep and Goat Rearers Societies Federation Ltd. v. ITO (2025) 307 Taxman 588 (Karn.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice was issued by the jurisdictional Assessing Officer-Notice and all further proceedings were quashed. [S. 148A(b), 148A(d), 151A, Art. 226]

Bipinbhai v. Income-tax Officer (2025) 307 Taxman 423 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-capital gains-Notice in the name of deceased-Information was furnished to the revenue-Notice and order quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]

Panchsheel Mercantile Co-Op Bank Ltd. v. ACIT (2025) 307 Taxman 649 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Surrender of old PAN-Allotted new PAN-Notice and order quashed. [S. 148, 148A(b), 148A(d), Art. 226]

Ferra Engineering Pty Ltd. v. Asst. CIT, (IT) (2025) 307 Taxman 519 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transfer of shares-Agreed to provide the share purchase agreement, TRC, full bank statements and full reconciliation of foreign exchange and cost to the Assessing Officer-The order and notice were set aside and the matter was to be remanded back to the Assessing Officer for a fresh consideration.[S. 148, 148A(b), 148A(d), Art. 226]

ITO v. Onir Infraspace (P.) Ltd. (2025) 307 Taxman 615 / (2026) 487 ITR 420 (SC) Editorial : Onir Infraspace (P) Ltd v.ITO (2024) 168 taxmann.com 21 (Guj) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for verification-High Court quashed the notice-SLP of revenue dismissed.[S. 148, 148A(b), 148A(d), Art. 226]