Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Nuclear Power Corporation of India Ltd. v. DCIT [2023] 151 taxmann.com 537 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Interest on funds collected–Issue pending before the Commissioner (Appeals)- Reassessment notice and order disposing the objection was quashed. [S. 80IA, 148, 250, Art. 226]

Noshir Darabshaw Talati v. ACIT [2023] 150 taxmann.com 16 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Set-off of long term capital loss against long term capital gain – No failure to disclose material facts–No power of review – Reassessment notice and order disposing the objection was quashed. [S. 74, 143(3), 148, Art. 226]

Jetair (P.) Ltd. v. DCIT [2023] 148 taxmann.com 185 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years–Commission payment – No failure to disclose material facts-No new tangible material to justify reopening, reassessment proceedings were nothing but a case of change of opinion,- Reassessment notice and order disposing the objection was quashed. [S. 148, Art. 226]

Punia Capital (P.) Ltd. v. ACIT [2023] 458 ITR 740/149 taxmann.com 53 / 292 Taxman 380 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Shell company -No failure to disclose material facts – Non application of mind – Reassessment notice and order disposing the objection was quashed. [S. 69, 148, Art. 226]

Konark Life Spaces v. ACIT [2023] 149 taxmann.com 489 / 455 ITR 103 (Bom)( HC)

S. 147 : Reassessment–After the expiry of four years – Loans and advances to sister concern – Allegation of colourable device – No failure to disclose material facts – Notice of reassessment and order disposing objection was quashed. [S. 69, 148, Art. 226]

Solvay Specialities India (P.) Ltd. v. DCIT [2023] 149 taxmann.com 228 / 292 Taxman 537 /(2024) 338 CTR 121 (Bom)(HC)

S. 147: Reassessment –With in four years- Depreciation – Change of opinion – No new tangible material – Reassessment notice and order disposing the objection was quashed. [S. 132, 143(3), 148, Art. 226]

Pushpa Nahata v. ITO (2023) 456 ITR 255/150 taxmann.com 84 / 292 Taxman 452 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years -Purchase and sale of shares – Reopening of assessment to make further additions on account of purchase cost of said shares being based on change of opinion on part of Assessing Officer was not justified– Reassessment notice and order was quashed. [S. 69, 148, Art. 226]

Ajay Ajit Tanna v. UOI [2023] 151 taxmann.com 324 / 454 ITR 754/ 334 CTR 287 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Cash credits – Alternative remedy–Failure to furnish recorded reasons- Alternative remedy is not a bar – Assessment order was quashed. [S. 68, 143(1), 143(2), 144B, 148, 156, Art. 226]

Kandoi Fabrics (P.) Ltd. v. ACIT [2023] 149 taxmann.com 457 / 293 Taxman 202 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Cash credits – Redemption of preference shares – Source explained in the original assessment proceedings- Change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art, 226]

Digi1 Electronics (P.) Ltd. v. ACIT [2023] 458 ITR 478/148 taxmann.com 184 / 292 Taxman 242 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Cash deposits -Insights portal that certain high risk transactions had taken place in case of assessee which were needed to be verified-No failure to disclose material facts – Re assessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art. 226]