Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Popular Medicos v. ACIT (2023) 451 ITR 90 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Reply filed by the assessee was not considered-Order was set aside. [S. 147, 148A(b), 148A(d), Art. 226]

Parthasarathy Chitra v. ITO (2023)451 ITR 442 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider a reply to show cause notice and personal hearing-Order was set aside-Directed to pass an order after giving an opportunity of personal hearing. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Kusum Gupta v. ITO (2023) 451 ITR 142 / 290 Taxman 172 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information from Investigation Wing-Capital gains-Alleged bogus scripts-Penny stock-Failure to furnish information received from Investigation Wing-Notice was quashed-Directed the AO to furnish the information and pass the order after considering the explanation of the assessee. [S. 45, 69A, 147, 148, 148A(b), 148A(d), Art. 226]

Kamlesh Keswani v. ACIT (2023) 451 ITR 153 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Change of opinion-Long-term capital gains-Reassessment notice was quashed. [S. 54, 147, 148, 148A(d), Art. 226]

Girdhar Gopal Dalmia v. UOI (NO. 2) (2023) 451 ITR 320 /333 CTR 388/150 taxmann.com 54 (Cal.)(HC) Editorial : Decision of single judge in Girdhar Gopal Dalmia v UOI (NO.) (2023)451 ITR 318 /333 CTR 387 (Cal)(HC), reversed.SLP of Revenue is dismissed as failure to explain delay of 399 days , PCIT v. Girdhar Gopal Dalmia (2024) 299 Taxman 362 / 464 ITR 393 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order for the issue of notice based on the vague report of Deputy Director (Investigation)-Potential cash borrowings-Reassessment proceedings were quashed-Assessing Officer not following the direction of Court has indirectly interfered exposed with the administration of justice thereby exposing himself to proceedings under the Contempt of Courts Act 1971. [S. 148A(b), 148A(d), Contempt Of Courts Act, 1971, Art. 226]

Beboy Joseph John v. ACIT (2023)451 ITR 447 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Right of personal hearing-Mandatory-CBDT circular is binding on the Department-Order was set aside. [S. 148, Art, 226]

Ravinder Kumar Aggarwal v. ITO (2023) 451 ITR 100 (Delhi)(HC)

S. 148 : Reassessment-Notice-Assessment-Company struck off Register and restoration of registration subsequently-Company deemed to be in existence even during the period when it was struck off Register-Petition being not bonafide, the petitioner was directed to deposit the Cost of Rs.50000 with the Delhi High Court Legal Services committee. [S. 143(3), Companies Act, 2013, S. 252(3), 248]

Mehsana Urban Co-Op Bank Ltd. v. ACIT (2023)451 ITR 514 /292 Taxman 187 (Guj.)(HC)

S. 148 : Reassessment-Notice-Merger-Amalgamation-Notice Issued against non-existent entity-Notice void ab initio and unsustainable. [A. 147, Art. 226]

Clear Media (India) Pvt. Ltd. v. Dy. CIT (2023)451 ITR 36 (Bom.) (HC)

S. 147 : Reassessment-Within four years-Intangible assets-Depreciation-No new information-Reassessment notice was quashed. [S. 32, 35BB, 148, Art. 226]