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. 147: Reassessment — Failure to issue notice u/s 143(2) , reassessment was held to be in valid [ S. 143(2) , 148 , 292BB]

Ramesh Salecha HUF v. ITO (2018) 61 ITR 632 (Mum) (Trib)

S. 147 : Reassessment –With in four years-Derived from- Export benefits – Decision of the Supreme Court was operative when the return was filed – Reassessment was held to be valid [ S. 80IC, 148 ]

DCIT v. Century Textiles And Industries Ltd. (2018) 61 ITR 647/ 162 DTR 247 /191 TTJ 483 (Mum) (Trib)

S. 147: Reassessment – Bogus accommodation entries – Order was passed before expiry of four weeks of passing the orders of objection – Non application of mind while recording reasons – Order was held to be bad in law [ S. 148 ]

Meta Plast Engineering P. Ltd. v. ITO ( Delhi)(Trib) , www.itatonline.org

S. 147: Reassessment —Deemed dividend – Notice based on information received from another assessee’s assessing authority was held to be valid [ S. 2(22)( e ), 143(1), 148 ]

Sunrise Broking Pvt. Ltd. v. ITO (2018) 400 ITR 337 (Guj) (HC)

S. 147:Reassessment —Assessment of subsequent year showing that claims allowed in original assessments were based on erroneous statement by assessee — Reassessment notice was held to be valid [ S.148 ]

S.C. Johnson Products P. Ltd. v. ACIT (2018) 400 ITR 426/ 253 Taxman 108 / 161 DTR 209 (Delhi) (HC)

S. 147: Reassessment —Cash credits –No specific direction- Finding of the CIT(A) in assessment year , 2012-13 stating that the amount assessable in the years 2009-10 and 2010 -2011- Reassessment was held to be valid [ S. 68, 148 ]

Alfa Investments. v. ITO (2018) 400 ITR 445/ 161 DTR 155 / 300 CTR 85 (Mad) (HC)Editorial: Affirmed by division Bench , Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425 ( Mad) (HC) Editorial: Affirmed by division Bench , Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425 ( Mad) (HC)

S. 147: Reassessment — With in four years -Change of opinion- Reassessment was held to be not valid [ S. 148 ]

Vijay Harishchandra Patel. v. ITO (2018) 400 ITR 167/ 167 DTR 475 (Guj) (HC)

S. 147 : Reassessment –With in four years-Original assessment reassessment was held to be invalid for non service of notice u/s 143(2)- Notice reassessment on same ground was held to be valid .[ S.143(2), 148 ].

Krishna Developers and Co. v. DCIT (2018) 400 ITR 260 (Guj) (HC)Editorial: SLP of assessee is dismissed, Krishna Developers and Co. v. DCIT ( 2018) 254 Taxman 125 ( SC)

S.147:Reassesment –With in four years-Audit objection- Reply of Assessing Officer to audit objection opposing the reassessment- , Apex court Judgement was not available- Reassessment was held to be bad in law . [ S. 80IB, 148 ]

CIT v. Rajan N. Aswani ( 2018) 403 ITR 30 / 165 DTR 371 (Bom)(HC) , www.itatonline.org

S.147: Reassessment- Failure in computing income from outside India at a low rate – Reassessment was held to be valid [ S. 44BB, 148 ]

Invensys Process Systems (S) v. ADIT (2018) 252 Taxman 199 (Uttarakhand) (HC)