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. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Agricultural land-Land beyond 8 km from municipality-Not a capital asset-Reopening without verification is invalid.[S. 2(14)(iii), 148, 148A(b), 148A(d), Art. 226]

Hrishikesh v. PCIT [2025] 175 taxmann.com 1062 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition-Failure to respond to notice under section 148A-Extraordinary jurisdiction not to be exercised. [S. 148, 148A(b), 148A(d), Art. 226]

Akash Jagdish Issrani v. ITO [2025] 172 taxmann.com 535 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-existent entity-Company had amalgamated with assessee-company with effect from 1-4-2005 and the Assessing Officer was duly informed; notice under section 148 issued against amalgamated non-existent entity was without jurisdiction and assessment was non-est. [S. 147, 148, 148A(b), 226]

Thermax Ltd. v. NFAC [2025] 170 taxmann.com 249 (Bom.)(HC)

S. 148: Reassessment-Notice-Notice issued in the name of a non-existent company after conversion into an LLP-Notice and reassessment proceedings void ab initio.[S. 68, 147, Limited Liability Partnership Act, 2008, S.58(1),Art. 226]

Erangal Comtrade and Consultancy LLP v. ACIT [2025] 180 taxmann.com 449 (Bom)(HC)

S. 148 : Reassessment-Notice-Challenge to notice-Petition filed at a belated stage after seven months-Interim relief refused.[S. 143(3), 147, Art. 226]

Sarita Venkat Anthati v. ITO [2025] 173 taxmann.com 214 (Bom) (HC)

S. 148 : Reassessment-Service of notice-Change of address not intimated-Notice quashed on peculiar facts.[S. 148A(b), 148A(d), Art. 226]

Srimani Basu v. ITO [2025] 171 taxmann.com 548 (Bom) (HC)

S. 148: Reassessment-Disposal of objections-Fresh objections raised by the assessee not considered despite specific direction of the Court-Order disposing of objections was quashed, and the matter remanded to the Assessing Officer. [S. 147, 151, Art. 226]

Ugar Sugar Works Ltd. v. ACIT [2025] 170 taxmann.com 433 (Bom.)(HC)

S. 147: Reassessment-Formation of belief by Assessing Officer-The Assessing Officer acted on directions of superiors without forming an independent belief that income had escaped assessment; as mandated under section 147, reassessment was invalid.[S. 92C, 148, 260A]

PCIT v. Agfa India (P.) Ltd. [2025] 173 taxmann.com 875 (Bom) (HC)

S.147: Reassessment-Faceless assessment-Objections to reopening-Mechanical disposal of objections-Matter remanded.[S. 144B, 148, Art. 226]

EPL Ltd. v. DCIT [2025] 174 taxmann.com 159 (Bom) (HC)

S. 147: Reassessment-Claim was pending in appeal-Claim for deduction under section 10B was pending before the Commissioner (Appeals); reopening proceedings initiated in respect of matters connected with such assessment were not sustainable in view of the third proviso to section 147. [S.10B, 148, 246A, Art. 226]

Vedanta Ltd. v. ACIT [2025] 170 taxmann.com 554 (Bom.)(HC)