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 – Order was passed without following the principle of natural justice , therefore the matter was remitted back to income tax officer for fresh consideration [ S.44AB, 45 ]
Kovalam Santhana Krishnan Mohan v. ITO (2018) 404 ITR 597/252 Taxman 289 (Mad.)(HC)
S. 147 : Reassessment –With in four years- Reassessment on basis of tangible material placed on record was held to be valid [ S.44BB(3), 92CA ]
Dolphin Drilling Ltd. v. ADIT (2018) 401 ITR 209/ 252 Taxman 181 (Uttarakhand)(HC)
S. 147: Reassessment- Notice issued in name of deceased assessee — Objection raised by legal heir of deceased assessee before completion of reassessment — Notice was held to be null and void [ S. 148, 159, 292B, 292BB ]
Jaydeepkumar Dhirajlal Thakkar v. ITO (2018) 401 ITR 302/165 DTR 404 / 305 CTR 683 (Guj) (HC)
S. 147: Reassessment —Natural justice -Order passed without disposing of objections raised by assessee for reopening was improper and null and void [ S. 143(2), 148 ]
Jayanthi Natarajan (Ms.) v. ACIT (2018) 401 ITR 215 / 300 CTR 225/ 161 DTR 281 (Mad) (HC)
S. 147 : Reassessment –Educational institution-Availability of alternative statutory remedy – Writ was held to be not maintainable [ S. 10(23C)(vi),148, Art .226 ]
Annamalai University v. ITO (2018) 401 ITR 80/ 166 DTR 422 (Mad) (HC)
S. 147 : Reassessment –Rejection of objection without assigning reasons was held to be bad in law [ S. 148 ]
Scan Holding P. Ltd. v. ACIT (2018) 402 ITR 290 / 169 DTR 334(Delhi) (HC)
S. 147 : Reassessment –With in four years-Details of income submitted during scrutiny assessment-Reassessment notice based on same facts was held to be not valid .[ S. 148 ]
Giriraj Steel v. DCIT (2018) 402 ITR 204 (Guj) (HC)
S. 147 : Reassessment –With in four years- Change of opinion – Transaction relating to subsequent year –Reassessment was held to be not justified .[ S. 2(15) 148 ]
Friends of WWB India v. DIT (2018) 402 ITR 350 (Guj) (HC)
S. 147: Reassessment — Purchase and sale of shares — Accommodation entries – Reassessment rejecting the capital gain was held to be valid [ S. 143(3) 148 ]
Rajnish Jain. v. CIT (2018) 402 ITR 12/ 166 DTR 205 (All) (HC)
S. 147 : Reassessment –With in four years-Reopening of assessment by succeeding Assessing Officer to disallow excess deduction was held to be change of opinion which was held to be impermissible [ S.80IA, 143(3) 148 ]
Ajanta Pvt. Ltd. v. DCIT (2018) 402 ITR 72 (Guj) (HC)