Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Milton Plastics Ltd. v. Mudit Nagpal [2023] 293 Taxman 357 /151 taxmann.com 24 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Sale and lease back -100 percent depreciation – No failure to disclose material facts – Reassessment notice and order disposing the objection was set aside. [S. 32, 148, Art. 226]

Vibrant Securities (P.) Ltd. v. ITO [2023] 455 ITR 58/ 150 taxmann.com 56/ 293 Taxman 115 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 28(i), 143(3), 148, Art. 226]

Standard Industries Ltd. v. DCIT [2023] 458 ITR 557/149 taxmann.com 149 / 292 Taxman 502 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Reversal of transfer of TDR of a land – Capital or Revenue – No new material – Reassessment notice and order disposing the objection was quashed. [S. 28(i), 148, Art. 226]

Framji Dinshaw Petit Parsee Sanatorium v. ITO [2023] 148 taxmann.com 225 / 292 Taxman 251 / 335 CTR 807(Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Carry forward and set-off of deficit – Change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 11(1)(a), 12, Art. 226]

Anwar Mohammed Shaikh v. ACIT [2023] 459 ITR 534 /148 taxmann.com 288 / 292 Taxman 414/(2024)337 CTR 201 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years -Capital gains –Reassessment notice was issued only on the basis of information received on insight portal – No tangible material – Reassessment notice was quashed. [S. 10(38), 143(3) 148, Art. 226]

Bharat Jayantilal Patel v. DCIT [2023] 149 taxmann.com 290/ 292 Taxman 276 (Bom)(HC)/Editorial : SLP of Revenue is dismissed , Dy,CIT v. Bharat Jayantilal Patel (2024) 296 Taxman 247 (SC)

S. 147 : Reassessment–After the expiry of four years – Capital gains – Transfer- Development rights – Power of Attorney – Neither any tangible material nor any reason to believe that ‘any income chargeable to tax had escaped assessment’ – Reassessment notice was quashed. [S. 2(47)(v), 148, Transfer of Property Act, 1882, S.53A, Art. 226]

A and J Associates v. ACIT (2023) 454 ITR 590 (Bom.)(HC)

S. 147 : Reassessment–After the expiry of four years – Same material available on record-Change of opinion-Notice and order rejecting objections set aside. [S. 148, Art, 226]

Chanchal Bhagwatilal Gokhru v. UOI (2023) 454 ITR 451 / 152 taxmann.com 214 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Penny Stock -Share transactions and tax paid on added income – No new tangible material – Accommodation entries – Reconsideration of the material available at the time of original assessment proceedings is tantamount to change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 10(38), 45 69, 148, Art. 226]

Parul Bharat Shah v. NFAC [2023] 146 taxmann.com 446 / 291 Taxman 294 (Bom)(HC)

S. 144B : Faceless Assessment –Natural justice – Opportunity of hearing was not given – Video conference – Order was set aside and remanded. [S. 142, 143(3), Art. 226]

New Age Buildtech (P.) Ltd. v.. NFAC [2023] 151 taxmann.com 66 (Bom)(HC)

S. 144B : Faceless Assessment –Amalgamation – Non-Existent company – show-cause notices, assessment order, notice of demand, etc., in name of said non-existent company, which was amalgamated with petitioner-company and thereby lost its existence, was without jurisdiction – Order was quashed. [S. 143(3), Art. 226]