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-Interest on borrowed capital-Diversion of fund-Assessing Officer was not disabled from proceeding to examine entire case, including on basis of allegations which formed part of original reasons to believe-High Court dismissed the writ petition-SLP of assessee is dismissed. [S. 36(1)(iii) 147, 148, 148A(b), 148A(d), Art. 136]

Alankar Apartments (P.) Ltd. v. ACIT (2025) 303 Taxman 109 (SC) Editorial : PCIT v. Alankar Apartments (P.) Ltd(2024) 169 taxmann.com 682 (Delhi)(HC)

S. 148 : Reassessment-Notice-Issued after approval of resolution plan by NCLT for a prior period-Invalid-SLP dismissed. Insolvency and Bankruptcy Code, 2016, S. 31, Art. 136]

Pr. CIT v. Patanjali Foods Ltd. (2025) 303 Taxman 330 / 474 ITR 339 (SC) Editorial: Pr. CIT v. Patanjali Foods Ltd. (2024) 161 taxmann.com 675 / 474 ITR 333 (Bom.)(HC)

S. 147 : Reassessment-Long-term capital gains from equities-Bogus claim-Accommodation entries-Information from Investigation Wing-Loan-No independent satisfaction regarding reasons recorded to re-open assessment-Reassessment notice and order disposing the objection is quashed. [S. 10(38), 45, 132, 148, Art. 226]

Ashishbhai Jashwantbhai Desai HUF v. ITO (2025) 303 Taxman 578 (Guj.)(HC)

S. 147 : Reassessment-Capital gains-Capital gains-Investment in a residential house-Alternate remedy-Writ petition is dismissed. [S.54F 143(3),148, Art.226]

Vijay Vasant Kulkarni v. ACIT (2025) 303 Taxman 519 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Futures & Options-Loss was accepted in the original assessment-Information received from insight portal-No independent verification-No failure to disclose material facts-Notice and order disposing the objection was quashed and set aside [S. 28(1), 143(3), 148, Art. 226]

Ashvin Dye-Chem Industries v. ITO (2025) 303 Taxman 621 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Futures & options loss-Borrowed satisfaction-No failure to disclose-Notice quashed [S. 71, 148, Art. 226]

Rikin Industries v. ITO (2025) 303 Taxman 393 (Guj)(HC)

S. 147 : Reassessment-Cash credits-Bogus sales-Special Audit report-Reopening based only on NSEL information-Delay of 122 days not been satisfactorily explained-SLP dismissed both for delay and on merits. [S. 68, 143(3), 148, Art. 226]

ACIT v. N.K. Industries Ltd. (2025) 303 Taxman 262 (SC) Editorial : N.K. Industries Ltd v. ACIT (2024) 165 taxmann.com 194 (Guj)(HC)

S. 147 : Reassessment Capital gains-Full value of consideration-Stamp valuation-High Court affirmed the order of the Tribunal on the ground that based on very same document re assessment was not justified-Special leave petition filed against the order of High Court was dismissed on ground of low tax effect. [S. 50C, 148, Art. 136]

PCIT v. K.R. Jayaram (2025) 303 Taxman 408 (SC) Editorial: PCIT v. K.R. Jayaram (2025)171 taxmann.com 51 (Mad)(HC)

S. 147 : Reassessment-With in four years-Bad debt-Provision for bad and doubtful debts-Schedule bank-Order of High Court quashing the reassessment notice and consequential order was quashed-SLP of Revenue is dismissed on account of delay of 162 days as well as on merits. [S. 36(1)(viia), 143(3), Art. 136]

ACIT v. Yes Bank Ltd. (2025) 303 Taxman 260 (SC) Editorial : Yes Bank Ltd v.ACIT (2024) 474 ITR 430 / 160 taxmann.com 329 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Loss in speculation business-No failure to disclose material facts-SLP dismissed [S. 73, 143(3), 148, Art. 226]

ACIT v. BSIFS (P.) Ltd. (2025) 303 Taxman 584 / 474 ITR 208 (SC) Editorial : BSIFS (P.) Ltd v. ACIT(2024) 161 taxmann.com 443(Bom)(HC)