Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Apar Corporation Pvt. Ltd. v. ACIT (Bom.)(HC) (UR)

S. 148 : Reassessment-After the expiry of four years-Notice issued on non existing company-Amalgamation-Amalgamating entity ceases to exist upon the approved scheme of amalgamation and notice issued to non-existing company, is not curable defect under Section 292B of the Act.-Reassessment notice and order disposal of objection. was quashed. [S. 139(1), 147, 292B, Art. 226]

Grasim Industries Ltd. v. DCIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Revenue Audit-Deductions on actual payment-Two Assessing Officers disagreed with the view of Revenue Audit-Reassessment notice and order disposing the objection was quashed. [S. 43B, 148, Art. 226]

Sanjay Devkinandan Gupta v. UOI (Bom.)(HC) (UR)

S. 147 : Reassessment-With in four years-Change of opinion-Revenue cannot improve upon the reasons in its oral argument or affidavit in reply-Reassessment notice and order disposing the objection was quashed. [S. 54, 148, Art. 226]

Anjis Developers Pvt. Ltd v. CIT (Bom.)(HC) (UR)

S. 147 : Reassessment-With in four years-Change of opinion-Change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped-Survey operation-Notice of reassessment and order disposing the objection was quashed. [S. 133-A, 147, Art. 226]

Morarjee Textiles v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Change of opinion-Order of special Bench-Carry forward and set off of business losses-Unabsorbed depreciation-Reassessment notice and order disposing the objection was quashed. [S. 32, 143(3), 147, Art. 226]

Zydus Nycomed healthcare Pvt Ltd v. ITO (Bom.)(HC)(UR)

S. 147 : Reassessment-Export oriented undertakings-Tribunal for the Assessment year 2006-07 has held that the assessee has not violated the conditions u/s. 10B((9) of the Act-The order of Tribunal was up held by the High Court-Reassessment notice and order disposing the objections were quashed. [S. 10B(9), 148, Art. 226]

Ideal Associates v. ACIT (2022)448 ITR 260/(2023) 146 taxmann.com 225 (Bom.)(HC)

S 147 : Reassessment-After the expiry of four years-Tangible material-High value transaction-Reliance of SEBI order-Reassessment proceeding is held to be valid. [S. 143(1), 148, 151, Art. 226]

Godrej and Boyce Manufacturing Co. Ltd. v. ACIT (2023) 453 ITR 10 (Bom.)(HC), Editorial : SLP of Revenue is dismissed , ACIT v. Godrej and Boyce Manufacturing Co. Ltd. (2023)453 ITR 14/ 293 Taxman 311 (SC)

S. 147 : Reassessment-After the expiry of four years-Book profit-Revision was dropped-Sanction for reassessment was without application of mind-Reassessment notice and order disposing the objection was quashed. [S. 148, 151, 263, Art. 226]

Zoetis India v. ACIT  (Bom.)(HC) (UR)

S. 147 : Reassessment–After the expiry of four years-Change of opinion-Amalgamation-Valuation of shares-Advertisement and Business Promotion on medical practioners-Reopening on same material with a view to take another view is held to be not valid-Notice and order disposing the objection was quashed. [S. 37(1), 56(2)(viib), 148, Art. 226]

Nelco Ltd. v. ACIT (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-When the Assessing Officer does not accept the objections filed, he shall not proceed further in the matter within a period of four weeks from the date of service of the said order of the objections on the assessee-Order was quashed-Notice and order rejecting the objection was also quashed. [S. 148, Art. 226]