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. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Project competition method-Method of accounting-Tax deducted at source-Mandatory to pass speaking order-Reassessment notice is bad in law-Faceless assessment-JAO had no jurisdiction to issue notice under section 148 as per requirements of section 151A read with section 144B.[S. 143(1),144B, 145, 148, 148A(b), 148A(d), 151, 151A, 194IA, Art. 226]

Sushila Sureshbabu Malge v. ITO (2024) 300 Taxman 302 /468 ITR 624 (Bom.)(HC)

S. 147 : Reassessment – After the expiry of four years – Unexplained moneys – No return is filed within time allowed – Not explained receipt of amount – Reassessment notice is held to be valid – Writ petition is dismissed. [ S.69A, 148 , Art. 226 ]

Hede Ferrominas (P.) Ltd. v. ACIT [2023] 147 taxmann.com 215 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Sale of immovable property-Failure to reply-Reasonable cause-In view of submissions made by assessee, assessment order and penalty order is set aside on condition that assessee would remit a sum towards income tax demand, as agreed to, and submit a reply to show cause notice-Matter remanded- Petitioner is directed to deposit Rs .2,00,000 lakhs towards income -tax demand . [S. 143(3), 148, 148A(b) 148A(d),Art. 226]

Achuthan Rajarajan v. Assessment Unit, ITD (2024) 300 Taxman 241 /468 ITR 159 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Power to transfer cases-Transfer order dated 11-1-2023-Case of petitioner was transferred from Vadodara to Ahmedabad-Assessing Officer at Vadodara had no jurisdiction to issue notice under section 148A for re-opening of assessment is not valid-Once NCLT approved application filed under IBC, 2016 and resolution plan was also approved, Assessing Officer would not have any jurisdiction to re-open assessment with regard to assessment year 2019-20 [S. 127(2), 127(3), 148, 148A(b) 148A(d), Insolvency and Bankruptcy Code, 2016, 10, Art. 226]

Maruti Koatsu Cylinders Ltd. v. Dy. CIT (2024) 300 Taxman 388 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Investigation was shared to the petitioner-Sufficient time was allowed to file the reply-Sanction was granted-Notice is valid-Writ petition is dismissed.[S. 148, 148A(b) 148A(d) 151(2), Art. 226]

Mandakini Travels and Tours (P.) Ltd. v. UOI (2024) 300 Taxman 278 (Uttarakhand)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Opportunity of hearing-Order passed without giving an opportunity of hearing is quashed and set aside.[S. 148A(b) 148A(d), Art. 226]

Pratima Halder v. UOI (2024) 300 Taxman 226 / 468 ITR 23 (Cal.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

L and T Finance Ltd. v. Asst. CIT (2024) 300 Taxman 531 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Everest Kanto Cylinder Ltd. v. Asst. CIT (2024) 300 Taxman 190 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Future Market Networks Ltd. v. Asst. CIT (2024) 300 Taxman 480 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Vidhyadhar Shetty v. ITO (2024) 300 Taxman 185 (Bom.)(HC)