Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Asian Paints Ltd. v. ACIT [2023] 149 taxmann.com 183 (Bom)(HC)/Editorial: SLP of Revenue is dismissed, ACIT v. Asian Paints Ltd. (2024) 296 Taxman 74 (SC)

S. 147 : Reassessment–After the expiry of four years -Advertisement and sales promotion -No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]