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. 149: Reassessment-Time limit for notice-Surviving period-date of earlier notice under section 148 read with TOLA up to 30-06-2021, last permissible date for issuance of reassessment notice under section 148 would be 18-06-2022-Notice dated 27-07-2022 issued under section 148 having been issued beyond surviving time was invalid [S. 148, 148A(b), 148A(d), Art. 226]

Opera Exports (P.) Ltd. v. ACIT (2025) 307 Taxman 65 (Guj.)(HC)

S. 149: Reassessment-Time limit for notice-Notice dated 30-8-2022 issued under section 148 being issued beyond ‘surviving time’ and hence invalid.[S. 148, 148A(b), 148A(d), Art. 226, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (TOLA).]

Ashitkumar Satishchandra Patel v. ITO (2025) 307 Taxman 538 (Guj.)(HC)

S. 149: Reassessment-Time limit for notice-Order of the High Court was affirmed-SLP of the revenue was dismissed as time-barred. [S. 148, 148A(b), 148A(d), Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3, Art. 136]

UOI v. Krishna Fashion World (2025) 307 Taxman 7 (SC) Editorial: Virendra Ship Recyclers LLP v. ACIT (2025) 170 taxmann.com 588 (Bom)(HC)

S. 149: Reassessment-Time limit for notice-SLP delay of 800 and 467 days-SLP of revenue dismissed on account of delay.[S. 148,148A(b) 148A(d), Art. 136]

ITO v. Dhara Varun Shah (2025) 307 Taxman 11 (SC) Editorial: Dhara Varun Shah v. ITO [2023] 151 taxmann.com 558 (Guj)(HC)

S. 149: Reassessment-Time limit for notice-last date for service of notice and initiating proceedings under section 148 under unamended provisions was coming to an end on 31-3-2021, but notices had been issued from the office of the Department either on 1-4-2021-SLP of revenue dismissed. [S. 148, Art. 136]

ITO v. Medwin Hospital Services (2025) 307 Taxman 9 (SC) Editorial: Kalyan Chillara v. DY.CIT [2024] 167 taxmann.com 500 (Telangana)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless assessment-Opportunity of hearing-Notice and order were quashed and set aside. [S. 144B, 148A(b) 148A(d), 151A, Art. 226.]

Mallesh Goud Donkeni v. ITO (2025) 307 Taxman 190 (Telangana)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit-Minimum of seven days to respond-Order of single judge quashing the order was affirmed. [S. 148A(b) 148A(d), Art. 226]

PCCIT v. Komarla Yogendra Keertana (Smt) (2025) 307 Taxman 106 (Karn)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued at old address-Notice was issued by jurisdictional assessing Officer and not Faceless Assessing Officer-Notice and order quashed and set aside. [S. 144B, 147, 148, 148A(b), 148A(d), Art. 226]

Vincent Commercial Company Ltd. v. ITO (2025) 307 Taxman 320 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposited in bank-Failure to consider the reply-Principle of natural justice-Order of assessment was quashed and set aside. [S.144B, 148, 148A(b), 148A(d), Art. 226]

Laxmanbhai Amarsingh Chavda v. AUD(2025) 307 Taxman 30 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Allowed only four days to respond notice-Order passed under section 148A(d) as well as notice issued under section 148 were quashed and set-aside. [S. 69A, 148, 148A(b), 148A(d), Art. 226]

Atul Mahavirprasad Paldecha v. ITO (2025) 307 Taxman 331 (Guj.)(HC)