Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

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]