Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Aditi Constructions v. Dy. CIT (2023)454 ITR 456 / 151 taxmann.com 513/ 293 Taxman 710 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Cash credits – Accommodation entries – Statement of third party – Presumption that the assessee was beneficiary – No tangible material –No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 68, 132, 153C, 148, Art. 226]

Lakshdeep Investments & Finance (P.) Ltd. v. ACIT [2023]455 ITR 639 / 293 Taxman 369 (Bom.)(HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Lakshdeep Investment & Finance (P.) Ltd. (2024) 296 Taxman 573 (SC)

S. 147 : Reassessment–After the expiry of four years–Right shares –Valuation–Change of opinion–Reassessment notice and order disposing the objection was quashed. [S. 56(2)(vii)(b), 148, Art, 226]

Lehman Brothers Investments Pte. Ltd. v. ACIT (IT) (2023) 454 ITR 331 / 148 taxmann.com 236 / 293 Taxman 216/ 333 CTR 213 (Bom)( HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Lehman Brothers Investments Pte. Ltd. [2024] 461 ITR 360/ 297 Taxman 61(SC)

S. 147 : Reassessment–After the expiry of four years– Different method of accounting-Capital gains–Computation-No failure to disclose material facts – Reassessment notice and order disposing the objection is not valid. [S. 45, 48, 112(1)(c)(ii), 143(3) 148, Art. 226]

Suminter Organic and Fair Trade Cottton Ginning Mill (P.) Ltd. v. Dy. CIT [2023] 150 taxmann.com 232 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years–Share premium – Share valuation –DCF Method – Report from Chartered Accountant – Issue was raised in the course of original assessment proceedings – Reassessment notice and order disposing the objection was quashed. [S. 147, 148, Art, 226]

Deepak Marda v. ITO [2023] 150 taxmann.com 114 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years -Sale of shares -Capital gain–Another director has shown the income as salary– Reassessment is not justified. [S. 15, 45 148, Art. 226 ]

Devkant Synthetics India (P.) Ltd. v. NFAC [2023] 149 taxmann.com 344 / 292 Taxman 218 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years-Share dealing -No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed. [S. 45, 148, Art. 226]

Asian Paints Ltd. v. ACIT [2023] 149 taxmann.com 183 (Bom)(HC)/Editorial: SLP of Revenue is dismissed, ACIT v. Asian Paints Ltd. (2024) 296 Taxman 74 (SC)

S. 147 : Reassessment–After the expiry of four years -Advertisement and sales promotion -No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]

Asian Paints Ltd. v. ACIT (2023) 451 ITR 45 / 221 DTR 457 / 330 CTR 560 / 148 taxmann.com 99 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years- Advertisement and sales promotion- Notice should specify material not disclosed -No failure to disclose material facts – Reassessment notice is bad in law. [S. 148, Art. 226]

Tata Consultancy Services Ltd. v. Dy CIT [2023] 152 taxmann.com 3 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years -Settlement amount paid to employees–Penalty -Information from Investigation Wing – No material available on record other than information from Investigation Wing to prove that payment made was penalty,- Reopening was quashed. [S. 37(1), 148, Art. 226 ]

Survival Technologies (P.) Ltd. v. DCIT [2023] 149 taxmann.com 453 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Scientific research expenditure–No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 35(2AB), 148, 154, Art, 226]