Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Clear Media (India) (P.) Ltd. v. DCIT [2023] 150 taxmann.com 52 / 293 Taxman 108 (Bom)(HC)

S. 147 : Reassessment–With in four years- Depreciation–Change of opinion –Depreciation–License fee–No new information– Reassessment notice and order disposing the objection was quashed. [S. 32, 35AAB, 148, Art. 226]

Mumbai Postal Employees Co-operative Credit Society Ltd. v. ITO [2023] 149 taxmann.com 94 / 292 Taxman 492 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years- Co-operative Society-Deduction allowed- Change of opinion–Reassessment notice and order disposing the objection was quashed. [S. 80P(2)(1), 80P(2)(d), 148, 226]

Tahnee Heights CHS Ltd. v. ITO [2023] 458 ITR 585 /147 taxmann.com 335 / 292 Taxman 315 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Co-operative societies – Reopening of assessment being a mere change of opinion was not justified–Reassessment notice and order disposing the objection was quashed. [S. 80P, 148, Art. 226]

Saurashtra Infra and Power Pvt. Ltd. v. Dy. CIT (2023) 451 ITR 51 / 149 taxmann.com 388 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years- Infrastructure Development-Audit objection -No failure to disclose material facts–Notice of reassessment based on Audit objection–Reassessment notice and order disposing of the objection was quashed. [S. 80IA(4), 115JB, 148, Art. 226]

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]