Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lakhpatrai Agarwal v. ACIT [2023] 149 taxmann.com 348 / 292 Taxman 282 // (2024) 338 CTR 891/470 ITR 123 (Bom)(HC)

S. 153 : Assessment-Reassessment-Limitation-Remand-Failure to comply with remand order made by Tribunal – Delay of 12 years – Assessment became time barred – Directed the Revenue to refund the amount along with interest under section 244A of the Act. [S. 132, 153(3), 158BC, 244A, Art. 226]

Rinku R. Rai v. ITO [2023] 151 taxmann.com 478 / 454 ITR 33 (Bom)(HC)/Editorial: Notice issued in SLP filed by the Revenue , ITO v. Pinki Rajesh Modi (2024) 297 Taxman 397 (SC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years – Sanction obtained from Additional Commissioner not from Principal Chief Commissioner or Chief Commissioner-Notice was quashed-Faceless Assessment-Mandatory condition-Draft Assessment order-Condition not complied with-Final assessment order was quashed and set aside. [S. 144B(1)(xvi), 147, 148, Art. 226]

MA Multi-Infra Development Pvt. Ltd. v. ACIT (2023)451 ITR 181/149 taxmann.com 491 (Bom.)(HC)

S. 151 : Reassessment – Sanction for issue of notice -Approval obtained from additional Commissioner and not from specified authority — Notice was quashed. [S. 147, 148, 151(ii), Art. 226]

Chitra Supekar (Mrs.) v. ITO [2023] 149 taxmann.com 26 / 292 Taxman 511 / 453 ITR 530 / 332 CTR 374 (Bom.)(HC)

S. 151 : Reassessment – Service of notice – Return submitted giving new address — Notice sent to old address — No proper service of notice — Notice and reassessment proceedings not valid – Sanction for issue of notice – After expiry of three years – Approval of Principal Commissioner (PCIT) is not valid – Approval is required from Principal Chief Commissioner (PCCIT) – Order was quashed. [S. 147, 148, 148A(b), 148A(d), 149(1)(a), 151(iii), Art. 226]

Thirdware Solution Ltd. v. DCIT [2023] 146 taxmann.com 364 (Bom)(HC)/Editorial : Notice is issued in SLP filed by the Revenue, Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years – Satisfaction recorded by Joint Commissioner–Notice and order disposing the objection was quashed. [S. 147, 148, Art. 226]

HSTN Acquisition (FII) Ltd. v. DCIT [2023] 147 taxmann.com 226 / 330 CTR 453 (Bom.)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Jurisdiction – Part of cause of action had accrued within territorial jurisdiction of Bombay High Court – Bombay High Court has the jurisdiction to entertain the Writ petition- Interim relief was granted. [S. 148, 148A(b), 148A(d), Art. 226]

Prakash Krishnavtar Bhardwaj v. ITO (2023) 451 ITR 27 / 331 CTR 64 / 150 taxmann.com 60 / 293 Taxman 132 (Bom)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice – After three years from the end of relevant assessment year – Service of notice without the signature of Assessing Officer digitally or manually-Notice invalid – Order and notice was quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 14, 226]

Prakash Tatoba Toraskar v. ITO (2023) 452 ITR 59 / 151 taxmann.com 366 (Bom.)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Notice issued in name of deceased assessee- Notice and order quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Anurag Gupta v. ITO [2023] 150 taxmann.com 99 / 454 ITR 326 / 332 CTR 811 (Bom)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessee must be furnished material on the basis of which initial notice was issued- Notice was quashed. [S. 69C, 148, 148A(b), 148A(d), Art. 226]

Bhavna Steel v. ITO [2023] 152 taxmann.com 218 / 454 ITR 670/ 335 CTR 1074 (Bom)(HC)

S. 148 : Reassessment-Notice-Two Permanent Account Numbers —Earlier Permanent Account Number was abended – Notices issued in earlier Permanent Account Number not responded – [ 144, 147, 148, 156, 271B, 271F, 274, Art. 226]