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-Time limit for notice-Less than 50 lakhs-Sale of property-Capital gains-Tax deducted at source-Notice and order disposing the objection is quashed.[S. 148, 148A(b), 148A(d),149, Art.226]
Pramila Mahadev Tadkase v. ITO (2024) 297 Taxman 161 / 468 ITR 275(Karn.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Order passed without granting an opportunity of hearing-Notice and order is set aside-Matter remanded back to the Assessing Officer.[Art. 226]
Ahmedabad District Co-Op Milk Producers Union Ltd. v. ITO (2024) 297 Taxman 315 (Guj.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dropping of re-assessment proceedings after considering the reply-Issuing notice again taking contrary stand within span of five days-Notice and order is quashed-Strictures-Principal Chief Commissioner is directed to conduct an inquiry against concerned officer who had passed said two orders, which contradicted each other, in a span of five days and to take necessary action. [S. 148A(b), 148A(d),149, 151,Art. 226]
Siemens Ltd. v. Dy. CIT (2024) 297 Taxman 587 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-If required-Cash deposits during demonetization-Notice issued to clarify cash deposited in a particular bank-Order passed after considering the reply of assesee-Writ is dismissed. [S. 148A(b), 148A(d), Art.226]
Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356 (Cal.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-e. filing portal did not include a tab for submission of an online reply-Matter remanded back for consideration. [S. 148, 148A(b), 148A(d), Art. 226]
Jaganathan Bhaarath v. ACIT (2024) 297 Taxman 461 (Mad.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Proceedings yet to be completed-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]
Rajesh Patidar v. ITO (2024) 297 Taxman 30 (MP)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Accommodation entries-Violation of principle of natural justice-Search and seizure-Opportunity of hearing was not granted-Notice and order is set aside with liberty to Assessing Officer to pass a fresh order after hearing.[S.132, 148, 148A(b), 148A(d), Art. 226]
Deepak Modi v. ACIT (2024) 297 Taxman 82 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Beneficiary of accommodation entries-Denial of allegation-Identical issue raised in the original notice issued under section. 148-Deletion of addition. in appeal-Identical notice once again under section. 148A(b)-Notice and order disposing the objection is quashed. [S. 148, 148A(b), 148A(d), Art. 226]
Arun Khanna v. ITO (2024) 297 Taxman 109 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Limitation-After three years-Deposit was only Rs 33.62 lacs-Notice is barred by limitation. [S. 148, 148A(b), 148A(d), 149(1)(a), Art. 226]
Bijendra Singh v. ITO (2024) 297 Taxman 455 (Raj.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Purchases reflected in GSTR-1-Failure to reconcile-Reassessment proceeding is valid. [S. 69, 148,148A(b), 148A(d), Art. 226]
Kordient Ventures (P.) Ltd. v. Dy. CIT (2024) 297 Taxman 443 (Delhi)(HC)