Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

ACME Housing India (P.) Ltd. v NFAC (2023) 291 Taxman 1 (Bom)(HC)

S. 144B : Faceless Assessment–Draft assessment–Depreciation– Goodwill-Assessment order passed without satisfactory compliance with provisions of section 144B(1)(xvi) was quashed. [S. 32, 142, 144B(1)(xvi), Art. 226]

Sodexo India Services (P.) Ltd. v. CPC [2023] 147 taxmann.com 223 (Bom)(HC)

S. 143(1)(a) : Assessment – Intimation – Prima facie adjustment Rectification of mistake – Assessing Officer was to be directed to consider application of assessee for rectification afresh and pass a speaking order – Matter remanded. [S. 154, Art. 226, Form 3CCD]

PCIT v. Capstone Securities Analysis (P.) Ltd. [2023] 146 taxmann.com 423 / 320 CTR 565 (Bom)(HC)

S. 124 : Jurisdiction of Assessing Officer–Assessing Officer Mumbai cannot continue to exercise jurisdiction in the case of the assessee even if PAN came to be transferred much later than a transfer of jurisdiction. [S. 92CA]

Bhatewara Associates Manik v. UOI [2023] 147 taxmann.com 297 (Bom)(HC)

S. 80IB (10) : Housing projects- Delay of 365 days in filing of return- Denial of exemption-CBDT rejecting the application for condonation of delay-Order of rejection was set aside- Delay was condoned-Assessing Officer was directed to allow the claim as per law. [S. 119(2)(b), 143(1), Art. 226]