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. 148 : Reassessment –Notice issued to deceased person is not valid No legal requirement for legal representatives to report death of assessee to Income-Tax Authorities — Not a curable defect- Existence of alternative remedy is not an absolute bar to issue of writ – Notice and order passed was quashed as without jurisdiction [ S.147, 149(1) (b) ,159 292BB , Art .226 ]

Savita Kapila ( Legal Heir of late Shri Mohinder Paul Kapila) v. ACIT (2020) 426 ITR 502/ 192 DTR 73/ 273 Taxman 148 / 316 CTR 465 (Delhi)(HC)

S.148 : Reassessment —Amalgamation-Revenue not informed about amalgamation — Return filed in name of assessee-Company and refund received in its name — Notice is held to be valid .[ S.147 , Art 226 ]

Oasys Green Tech Private Ltd v. ITO (2020) 426 ITR 124/ 194 DTR 96/ 316 CTR 897/ 272 Taxman 147 (Mad)(HC)

S.147: Reassessment —Long-term capital gains — Improvement cost on land – Examined by the Assessing Officer in original assessment proceedings – Notice for reassessment is held to be bad in law [ S.45 , 148 ]

Niranjan Chimanlal Jani v. Dy. CIT (2020) 425 ITR 162 (Guj)(HC)

S.147: Reassessment —Officer recording reasons and issuing notice must be the jurisdictional Assessing Officer — Reasons recorded by jurisdictional Assessing Officer – E. assessment Scheme – Notice issued by officer who did not have jurisdiction over assessee — Defect not curable- Notice and consequential proceedings and order invalid [ S.148 , 292B ]

Pankajbhai Jaysukhlal Shah v .ACIT ( 2019 ) 110 taxmann.com 51 / (2020)425 ITR 70/ 185 DTR 306/ 312 CTR 300 (Guj) (HC)/ Editorial: SLP of revenue is dismissed , Add .CIT v. Panjajbhai Jaysuklal Shah ( 2020) 275 Taxman 99 (SC)

S.147: Reassessment-After the expiry of four years- Financial transaction accepted as genuine during original assessment — Subsequent information from income-tax investigation wing that transaction was with name-Lender — No disclosure of true facts — Notice of reassessment is held to be valid- The Court also directed the assessee to pay cost of Rs. 1 lakhs to be paid to The Delhi High Court Advocates Welfare Trust with in within four weeks of the receipt of the [ S.148 Art , 226 ]

Vedanta Ltd v. ACIT (2020) 426 ITR 59/ 185 DTR 249/ 312 CTR 481/ 270 Taxman 277 (Delhi)( HC)

S.147: Reassessment — After the expiry of four years- No failure to disclose material facts – Form of return not requiring specification of persons mentioned in Section- Assessing Officer not examining the clauses – Reassessment notice is held to be not valid [ S.80IB(10)( e ) & (f) , 148,Art , 226 ]

Royal Infrastructure v. Dy. CIT (2020) 425 ITR 491 / (2019) 265 Taxman 103 ( Mag.) (Guj)(HC). Editorial: SLP of Revenue is dismissed due to low tax effect ,Dy. CIT v. Royal Infrastructure (2023) 294 Taxman 432 (SC)

S.147: Reassessment-After the expiry of four years- No failure to disclose material facts – Long term capital gains – Notice held to be not valid . [ S. 54, 148 Art , 226 ]

B. Kasi Viswanathan v. ITO (2020)425 ITR 538 /187 DTR 467/ 317 CTR 993/ 274 Taxman 173 (Mad)(HC)

S.147: Reassessment-After the expiry of four years- Audit objection – Not accepted by the Assessing Officer –Borrowed satisfaction – No failure to disclose material facts – Notice is held to be bad in law [ S.148 , Art .226 ]

Kakaria Housing and Infrastructure Ltd. v. Dy. CIT (2020)425 ITR 103 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- Manufacture -Change of opinion- Based on the basis of commission issued – Held to be bad in law and impermissible. [ S .2(29BA) 131ID , 80IB ,148 , Central Excise Act, 1944 S.2(f) ]

International Flavours and Fragrances India Pvt Ltd v. Dy. CIT (LTU) (2020)425 ITR 450 / 315 CTR 448 /191 DTR 191 (Mad) (HC)

S.147: Reassessment-After the expiry of four years- Primary facts disclosed — Assessing Officer not making appropriate calculation —Notice of reassessment issued without jurisdiction — Existence Of Alternate Remedy would not bar issue ow writ to quash notice [ S.14A , 148 Rule 8D ,Art , 226 ]

City Union Bank Ltd v. ACIT (2020) 425 ITR 475 (Mad)(HC)