Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Praveen Kumar v. ITO (2023) 294 Taxman 488 (Mad.)(HC)

S. 148: Reassessment-Notice-Notice dated 29-3-2019 had been issued on 30-3-2019 and there was an entry in postal register in support-Order passed is valid in law. [S. 144, 147, Art. 226]

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S. 148 : Reassessment-Notice-Reassessment notice issued would remain in operation unless it is specifically withdrawn, quashed or gets time barred-SLP of Revenue is dismissed as the amount of tax in dispute is low.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/(2024) 470 ITR 113 (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]