S. 153C: Assessment-Income of any other person-Search-No incriminating material-Notice was quashed. [S.132, 153A, Art. 226]
Ashok Khandelwal v. UOI [2025] 176 taxmann.com 709 (Bom) (HC)S. 153C: Assessment-Income of any other person-Search-No incriminating material-Notice was quashed. [S.132, 153A, Art. 226]
Ashok Khandelwal v. UOI [2025] 176 taxmann.com 709 (Bom) (HC)S. 153C: Assessment-Income of any other person-Search-Incriminating material-Writ jurisdiction-Issue to be examined in assessment/appellate proceedings-Writ petition dismissed. [S. 132, 132A, 153A, 153B, Art. 226]
DNH Spinners (P.) Ltd. v. DCIT [2025] 173 taxmann.com 143 (Bom) (HC)S. 153C : Assessment-Income of any other person-Search-Reassessment based on material seized during search of third party-Proceedings under section 147 without jurisdiction. [S. 147, 148, 153A, Art. 226]
Sejal Jewellary v. UOI [2025] 171 taxmann.com 846 (Bom.)(HC)S. 153A :Assessment-Search-Assessment in absence of incriminating material-Addition of long-term capital gain relating to penny stock transactions-Jurisdictional prerequisite not satisfied-Addition deleted.[S. 10(38),68,260A]
PCIT v. Surendra B. Jiwrajka [2025] 180 taxmann.com 556 (Bom)(HC)S. 151: Reassessment-Sanction for issue of notice under wrong clause-For A.Y. 2017-18, sanction required under section 151(ii) and not section 151(i)-Notice quashed.[S. 148, 151(i), 151(ii), TOLA, 2020, S. 3]
Laxmibaug Sahakari Patpedhi Maryadit v. ITO [2025] 180 taxmann.com 402 (Bom)(HC)S. 151: Reassessment-Sanction for issue of notice-Specified authority-Order under section 148A(d) was passed beyond three years from the end of the relevant assessment year, and approval was obtained from the Principal Commissioner instead of the specified authority required under amended section 151(ii), non-compliance with such statutory mandate and time limits vitiated the jurisdiction of the Assessing Officer, rendering the order under section 148A(d) and notice under section 148 quashed. [S. 148,148A(b),148A(d), 151(i), 151(ii), Art. 226 ]
Alag Property Construction (P.) Ltd. v. ACIT [2025] 179 taxmann.com 578/[2026] 487 ITR 440 (Bom)(HC)S. 151: Reassessment-Sanction for issue of notice-Specified authority-Approval granted by the Principal Commissioner was not valid; consequently, the order passed under section 148A(d) and consequential notice issued under section 148 were held to be bad in law and were quashed and set aside. [S. 148,148A(b), 148A(d), 151(ii), TOLA, Art.226]
Ramesh Bachulal Mehta v. ITO [2025] 177 taxmann.com 606 (Bom)(HC)S. 151: Reassessment-Sanction for issue of notice-Competent authority-Approval granted by the Principal Commissioner was therefore not a valid sanction, and the consequential notice under section 148 and assessment order passed under section 147 were quashed. [S. 148A(b), 148A(d), 151(2), the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 226]
Prabhakar Nerulkar v. PCIT [2025] 177 taxmann.com 580/2026] 487 ITR 451 (Bom)(HC)S. 151: Reassessment-Sanction for issue of notice-Writ jurisdiction-The assessee had already challenged the assessment in appeal before the Commissioner (Appeals), writ petition challenging reassessment proceedings on the ground of absence of sanction under section 151 was not maintainable, though the assessee could raise such legal contentions before appellate/revisional authorities and the assessment order remained stayed meanwhile. [S.148A,151A, 246A, Art. 226]
Sunrath Trading (P.) Ltd. v. UOI [2025] 170 taxmann.com 553 (Bom.)(HC)S. 149: Reassessment-Time limit for notice-Notice under section 148 dispatched beyond the prescribed time-Notice quashed.[S. 148, 149(1), Information Technology Act, 2000, S. 13(1), Art. 226]
Shah Nanji Nagsi Exports Private Ltd. v. DCIT [2025] 175 taxmann.com 1067 (Bom) (HC)