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-Cash credits-Bank account was opened without his knowledge-Disputed questions of fact-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]

Rakesh Beniyal v. ITO (Assessment) (2024) 299 Taxman 409 (Mad.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Information which was relied upon by revenue was not completely furnished-Notice and order disposing the objection is quashed and set aside. [S. 148, 148A(b), 148A(d), Art.226]

Mahesh Kumar Verma v. UOI (2024) 299 Taxman 141 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Amount received from sale/resale of shrink-wrapped software-Not royalty or Fees for technical services-Reassessment notice and order disposing the objection is quashed-DTAA-India-Japan. [S. 9(1)(vi), 9(1)(vii), 148A(b), 148A(d),art.5 Art. 226]

Componentsource Company Ltd. v. ACIT(IT) (2024) 299 Taxman 329 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Foreign companies-company is a resident of Singapore-Investment in Indian subsidiary-Tax on dividends, royalty and technical services-Capital account transaction-Investments could not be treated as income as same was in nature of capital account transaction not giving rise to any income[S.9(1)((i), 115A, 148A(b), 148A(d), Art. 226]

Telenor South Asia Investment Pte. Ltd. v. Dy.CIT (2024)299 Taxman 232 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Information from DDIT(Investigation)-Reassessment notice was quashed by High court-Delay of 399 days-SLP of Revenue is dismissed delay was not sufficiently explained. [S. 68, 147, 148, 148A(b), 148A(d), Art. 136]

PCIT v. Girdhar Gopal Dalmia (2024) 299 Taxman 362 / 464 ITR 393 (SC) Editorial : Girdhar Gopal Dalmia v. UOI (2023) 150 taxmann.com 54/ 451 ITR 320 (Cal)(HC)

S. 147 : Reassessment-Interest paid and received-Capital receipt-Change of opinion-Reassessment is bad in law. [S. 4, 36(1)(iii), 148, 260A]

CIT v. Kesoram Industries Ltd. (2024) 299 Taxman 542 (Cal.)(HC)

S. 147 : Reassessment-With in four years-Donation-CSR expenditure-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S. 37(1), 80G, 147, 148, Art. 226]

Castrol India Ltd. v. Dy. CIT (2024) 299 Taxman 71 (Bom.)(HC)

S.147: Reassessment-After the expiry of four years-Amalgamation-Reassessment orders passed under section 144 read with section 147 in name of non-existing entity is quashed and set aside.[S. 144, 148, 292B, Art. 226]

Vedanta Ltd. v. ACIT (2024) 299 Taxman 218 (Bom.)(HC)

S. 144C : Reference to dispute resolution panel-Appellate Tribunal-Remand-Even in partial remand proceedings from Tribunal, Assessing Officer is obliged to pass a draft assessment order under section 144C(1).[S.92CA(3), 144C(1), Art. 226]

ExxonMobil Company India (P.) Ltd. v. Dy. CIT (2024) 299 Taxman 205 (Bom)(HC)

S. 144B :Faceless Assessment-Draft assessment order-Principle of natural justice-Order is passed without considering the reply-Matter remanded to the Assessing Officer. [S. 144C, Art. 226]

Jaipal Reddy Amireddy v. UOI (2024) 299 Taxman 186/339 CTR 302 (Telangana.)(HC)