Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bennett Property Holdings Company Ltd. v. DCIT (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Income from house property-Business income-Income from other sources-No failure to disclose fully and truly all material facts-Notice of reassessment and order disposing the objection was quashed. [S. 22, 24, 28(i), 56, Art. 226]

Maharashtra State Electricity Distribution Co. Ltd. v. DCIT  (Bom.) (HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Demerger-Same material-Reassessment notice and order disposing the objection was quashed. [S. 148, Art. 226]

Lintas India Pvt Ltd v. UOI  (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Query raised in the course of assessment proceedings-No discussion in the assessment order-Credit for tax deduction at source-Notice of reassessment and order disposing objection was quashed. [S. 148, Art, 226]

The Shipping Corporation of India Ltd v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Disallowance of expenditure-Exempt income-Return was not filed in pursuance of notice u/s 148 of the Act-No hard and fast rule that the assessee should first file its return pursuant to the notice-Reassessment notice was quashed. [S. 14A, R. 8D, Art. 226]

The Great Eastern Shipping Company Ltd v. ACIT (Bom.)(HC)(UR)

S. 147: Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Notice and order rejecting the objection was quashed [S. 33AC, 80A(2), 80I, 80M, 148, Art. 226]

CEAT Ltd. v. ACIT (2023) 291 Taxman 366 (Bom.)(HC) Editorial: SLP of Revenue dismissed , ACIT v. CEAT Ltd ( 2022) 449 ITR 171 ( SC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Mistake of Assessing Officer-Error discovered reconsideration of same facts does not give power to the Assessing Officer to reopen the assessment-Reassessment notice and order disposal of objection was quashed. [S. 148, Art. 226]

All India Rubber Industries Association v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Audit query-Amount received towards corpus-Notice for reassessment and order disposing the objection was quashed. [S. 148, Art. 226]

Harsh Kaushal Corporation v. ITO (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Closing stock-Notional income-No failure to disclose material facts-Notice and order rejecting the objection was quashed. [S. 22, 23, 148, Art. 226]

Patel Engineering Ltd. v. DCIT (2022) 285 Taxman 55 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Survey-Borrowed satisfaction-Reasons cannot be improved or supplemented-No failure to disclose material facts-Assessing Officer cannot rely on various case laws while disposing the objection without furnishing the copies or brining to the notice of the assessee-Notice of reassessment and order disposing the objection was set aside. [S. 133A, 148, Art. 226]

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

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Revenue audit-Insurance business-Income from dividend from equity shares and interest from tax savings bonds-Reassessment notice and order disposing objection was quashed. [S. 10, 44, 148, Art. 226]