This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 153A : Assessment-Search or requisition-No incriminating material was produced nor stated in the notice-Notice was quashed as the respondent has failed to specify the seized documents. [S. 132, 132A, Art. 226]
Samson Maritime Ltd. v. ACIT (2022) 209 DTR 476 (Bom.)(HC) Underwater Service India (P.) Ltd. v. ACIT (2022) 209 DTR 476 (Bom.)(HC)
S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Approval and reasons recorded of same date-Sanction was not properly obtained-Reassessment notice was quashed. [S. 147, 148, Art. 226]
Wyeth Ltd. v. ACIT (2022) 211 DTR 393/ 329 CTR 803 (Bom.)(HC)
S. 151 : Reassessment-Sanction for issue of notice-Reason recorded was furnished of other assessee-Two further reasons were signed by successor officer and no fresh approval was obtained-Reassessment notice was quashed. [S. 147, 148, Art. 226]
Novelty Properties & Investment Pvt. Ltd. v. ACIT (2022) 209 DTR 185 / 325 CTR 373 (Bom.)(HC)
S. 151 : Reassessment-Sanction-Recorded reasons are not correct-Date of return was filed on 25th November 2014, where as in the recorded reasons it was stated as 27th October, 2016-Assessee holds shares 0.01%, i.e. 10 shares in itself-How can a company hold its own shares-Reassessment notice was quashed. [S. 147, 148, Art. 226]
Sea Glimpse Investments Pvt. Ltd. v. Dy. CIT (2022) 209 DTR 318 / 324 CTR 535 (Bom.)(HC)
S. 151 : Reassessment-Sanction-After the expiry of four years-Sanction was given mechanically-Without application of mind-Reason recorded stated that the assessment was completed u/s 143(1), whereas the assessment was u/s. 143(3)-Business of jewellery-Reason stated that failure to disclose salary-Reassessment notice was quashed. [S. 147, 148, Art. 226]
Sagar Bullion Pvt. Ltd. v. UOI (2022) 324 ITR 146 / 209 DTR 281 (Bom.)(HC)
S. 151 : Reassessment-Sanction-After the expiry of four years-Sanction was granted by Addl. CIT and not PCIT-Reference contained another entity-Non application of mind-Order was quashed and set a side. [S. 148, 151, Art. 226]
Lintas India (P) Ltd. v. UOI (2022) 324 CTR 539 / 209 DTR 473 (Bom.)(HC)
S. 150 : Assessment-Order on appeal-Time limit for reopening of assessment-Deemed dividend-Section 150 will apply only to reopening assessment to give effect to finding or direction in appellate orders of CIT(A) and not to appellate orders of any High Court u/s. 260A. [S. 2(22)(e), 116, 147, 148, 149, Art. 226]
Pavan Morarka v. ACIT (2022) 211 DTR 201 / 325 CTR 377 / 136 taxmann.com 2 (Bom.)(HC) Racahna Morarrka v. ITO (2022) 211 DTR 201 / 325 CTR 377 / 136 taxmann.com 2 (Bom.)(HC)
S. 148 : Reassessment-Notice-Notice was issued prior approval of Additional Commissioner-Notice was quashed. [S. 147, 151(2), Art. 226]
River Valley Meadows and Township (P.) Ltd. v. Dy. CIT (2022) 284 Taxman 536 (Bom.)(HC)
S. 147 : Reassessment-Within period of four years-Change of opinion-Foreign remittance-Failure to deduct tax at source-No failure to disclose material facts-Issue was considered in the original assessment proceedings-Not specifically dealt in the assessment order-Reassessment notice was quashed. [S. 14, 40(a)(i), 90, 91, 92CA(3), 143(3), 148, 195, Art. 226]
Oracle Financial Services Software Ltd v. Dy. CIT (2022) 210 DTR 33 / 325 CTR 95 (Bom.)(HC)
S. 147 : Reassessment-With in four years-No new tangible material-Reason recorded and reasons stated in objections disposing the objection are different-Reassessment notice was quashed. [S. 2(47), 47(iv), 47A, 143(3), 148, Art. 226]
Great Eastern Shipping Co. Ltd. v. NFAC (2022) 211 DTR 442 / 327 CTR 482 (Bom.) (HC)