S. 148 : Reassessment–Notice issued to deceased person-Legal Representative of such person not waiving right to notice-Notice is held to be invalid. [S. 147, 292B]
Nanduben Ratilal Patel v. DCIT (2019) 417 ITR 31 /(2020) 188 DTR 292 (Guj.)(HC)
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 148 : Reassessment-Settlement of cases-Order passed by Settlement Commission-Notice of reassessment in respect of issues covered by such order is held to be not valid. [S. 147, 245C, 245D(4), 245I, Art. 226]
Komalkant Faikirchand Sharma. v. DCIT (2019) 417 ITR 11/ 265 Taxman 284/ 183 DTR 225/ 311 CTR 705 (Guj.) (HC)S. 148 : Reassessment–Territorial Jurisdiction of High Court- Assessment at Hyderabad-Notice of reassessment at Mumbai-Bombay High Court has discretion to refuse to consider writ petition. [S. 147, Art. 226]
HSBC Holdings Plc. v. DCIT (2019) 417 ITR 74/ 266 Taxman 82/ 183 DTR 269 / 311 CTR 565 (Bom.)(HC)S. 148 : Reassessment–Notice issued in name of dead person- Objection raised–Notice is not valid–Subsequent proceedings are also to be quashed. [S. 159, 292B]
Pranav Ravindrabhai Shah. v. ITO (2019) 417 ITR 200 (Guj.)(HC)S. 147 : Reassessment-Survey–Retraction-Notice based solely on statement recorded during survey-Held to be not valid. [S. 132(4), 133A(iii), 148]
A. Thangavel Nadir Stores v. ITO (2019) 417 ITR 50 (Mad.)(HC)S. 147 : Reassessment -Filing of return not an admission that notice is valid-Exempt from filing of return-Investment in subsidiary did not give rise to taxable income-Re assessment notice is held to be not valid. [S. 115A(5), 148, Art.226]
Nestle SA v. ACIT (2019) 417 ITR 213/ 311 CTR 344/181 DTR 211 (Delhi)(HC)S. 147 : Reassessment -Deemed dividend- Advances received from company-Two partners are shareholders with substantial interest-Reassessment is held to be valid. [S. 2(22)(e), 148 ]
Aswani Enterprises v. ACIT ( 2018) 100 taxmann.com 178/ (2019) 417 ITR 223 (Mad.)(HC) Editorial: SLP dismissed, Aswani Enterprises v .ACIT (2023)456 ITR 33 /294 Taxman 435 (SC)S. 147 : Reassessment-After the expiry of four years-Shah Commission’s report- Cash credit -Under-invoicing -Merely on basis of Shah Commission’s Report opining that there was under-invoicing of export price by iron-ore miners and exporters, reassessment could not be initiated when there was nothing to indicate that any particular income had accrued to anyone as a result of price difference-Notice based on report of commission is held to be not valid. [S. 28(1) , 68 ,148]
Sesa Sterlite Ltd. v. ACIT (2019) 417 ITR 334 / 267 Taxman 275 /181 DTR 290 (Bom.)(HC). Editorial : Notice issued in SLP ACIT v. V.M. Salgaocar Sales International (2021) 283 Taxman 192 (SC)/ ( 2022) 284 Taxman 373 / 289 Taxman 74(SC)S. 133A : Power of survey–Unexplained investment-Statement in the course of survey–Documents discovered in the course of survey-Failure to explain the source satisfactorily–Addition is held to be valid. [S. 69, 132, 133A(3)(iii)]
C. K. Abdul Azeez. v. CIT (2019) 417 ITR 363 / 182 DTR 283/ 267 Taxman 553/ 311 CTR 489(Ker.)(HC)S. 132A : Powers-Requisition of seized assets-Cash seized under guidelines issued by Election Commission-Election commission finding that seizure was not valid-Income-Tax Authorities had no jurisdiction to requisition such cash. [S.132, Art.226]
Indian Traders v. State of Bihar (2019) 417 ITR 95 (Pat.)(HC)