Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pushpa Nahata v. ITO (2023) 456 ITR 255/150 taxmann.com 84 / 292 Taxman 452 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years -Purchase and sale of shares – Reopening of assessment to make further additions on account of purchase cost of said shares being based on change of opinion on part of Assessing Officer was not justified– Reassessment notice and order was quashed. [S. 69, 148, Art. 226]

Ajay Ajit Tanna v. UOI [2023] 151 taxmann.com 324 / 454 ITR 754/ 334 CTR 287 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Cash credits – Alternative remedy–Failure to furnish recorded reasons- Alternative remedy is not a bar – Assessment order was quashed. [S. 68, 143(1), 143(2), 144B, 148, 156, Art. 226]

Kandoi Fabrics (P.) Ltd. v. ACIT [2023] 149 taxmann.com 457 / 293 Taxman 202 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Cash credits – Redemption of preference shares – Source explained in the original assessment proceedings- Change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art, 226]

Digi1 Electronics (P.) Ltd. v. ACIT [2023] 458 ITR 478/148 taxmann.com 184 / 292 Taxman 242 (Bom)(HC)

S. 147 : Reassessment – After the expiry of four years – Cash deposits -Insights portal that certain high risk transactions had taken place in case of assessee which were needed to be verified-No failure to disclose material facts – Re assessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art. 226]

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]