Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Siemens Ltd. v. Dy. CIT (2024) 297 Taxman 587 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dropping of re-assessment proceedings after considering the reply-Issuing notice again taking contrary stand within span of five days-Notice and order is quashed-Strictures-Principal Chief Commissioner is directed to conduct an inquiry against concerned officer who had passed said two orders, which contradicted each other, in a span of five days and to take necessary action. [S. 148A(b), 148A(d),149, 151,Art. 226]

Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356 (Cal.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-If required-Cash deposits during demonetization-Notice issued to clarify cash deposited in a particular bank-Order passed after considering the reply of assesee-Writ is dismissed. [S. 148A(b), 148A(d), Art.226]

Jaganathan Bhaarath v. ACIT (2024) 297 Taxman 461 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-e. filing portal did not include a tab for submission of an online reply-Matter remanded back for consideration. [S. 148, 148A(b), 148A(d), Art. 226]

Rajesh Patidar v. ITO (2024) 297 Taxman 30 (MP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Proceedings yet to be completed-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

Deepak Modi v. ACIT (2024) 297 Taxman 82 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Accommodation entries-Violation of principle of natural justice-Search and seizure-Opportunity of hearing was not granted-Notice and order is set aside with liberty to Assessing Officer to pass a fresh order after hearing.[S.132, 148, 148A(b), 148A(d), Art. 226]

Arun Khanna v. ITO (2024) 297 Taxman 109 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Beneficiary of accommodation entries-Denial of allegation-Identical issue raised in the original notice issued under section. 148-Deletion of addition. in appeal-Identical notice once again under section. 148A(b)-Notice and order disposing the objection is quashed. [S. 148, 148A(b), 148A(d), Art. 226]

Bijendra Singh v. ITO (2024) 297 Taxman 455 (Raj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Limitation-After three years-Deposit was only Rs 33.62 lacs-Notice is barred by limitation. [S. 148, 148A(b), 148A(d), 149(1)(a), Art. 226]

Kordient Ventures (P.) Ltd. v. Dy. CIT (2024) 297 Taxman 443 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Purchases reflected in GSTR-1-Failure to reconcile-Reassessment proceeding is valid. [S. 69, 148,148A(b), 148A(d), Art. 226]

City and Industrial Development Corporation of Maharashtra Ltd. v. ACIT (2024) 297 Taxman 42 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Development activities on behalf of State Government-Acting as an agent of State Government and income of assessee was restricted to Rs. 5 lakhs per annum only-Reassessment notice and order disposing the objection is quashed and set aside. [S. 148A(b), 148A(d), Art. 226]

Urmila Saxena v. CBDT (2024) 297 Taxman 318 (MP)(HC)

S. 148 : Reassessment-Notice-Deceased-Notice for reopening of assessment of a dead person is null and void.[S. 148, Art. 226]