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. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Surrender of old PAN-Allotted new PAN-Notice and order quashed. [S. 148, 148A(b), 148A(d), Art. 226]
Panchsheel Mercantile Co-Op Bank Ltd. v. ACIT (2025) 307 Taxman 649 (Guj.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transfer of shares-Agreed to provide the share purchase agreement, TRC, full bank statements and full reconciliation of foreign exchange and cost to the Assessing Officer-The order and notice were set aside and the matter was to be remanded back to the Assessing Officer for a fresh consideration.[S. 148, 148A(b), 148A(d), Art. 226]
Ferra Engineering Pty Ltd. v. Asst. CIT, (IT) (2025) 307 Taxman 519 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for verification-High Court quashed the notice-SLP of revenue dismissed.[S. 148, 148A(b), 148A(d), Art. 226]
ITO v. Onir Infraspace (P.) Ltd. (2025) 307 Taxman 615 / (2026) 487 ITR 420 (SC) Editorial : Onir Infraspace (P) Ltd v.ITO (2024) 168 taxmann.com 21 (Guj) (HC)
S.147: Reassessment-Commercial activity-High Court quashed reassessment notice-SLP delay of 445 days-SLP dismissed on account of delay. [S. 11, 148, Art. 136]
Dy. DIT (E) v. Fine Arts Society (2025) 307 Taxman 224 (SC) Editorial : Fine Arts Society v.Dy. DIT(E)(2024) 159 taxmann.com 776 (Bom)(HC)
S. 147: Reassessment-Depreciation-Earth-moving equipment-Commercial vehicles-No failure to disclose material fact-High court quashed reassessment notice and order disposing of the objections-SLP dismissed on account of not explaining the delay of 244 days. [S. 148, Art. 136]
ACIT v. P.C. Patel and Company (2025) 307 Taxman 223 (SC) Editorial : P.C.Patel & Co v.ACIT (2024) 166 taxmann.com 100 (Guj)(HC)
S. 145: Method of accounting-Project competition method-Civil construction-Order of the Tribunal estimating the income at 8% on the basis of receipt was deleted-Directed the Assessing Officer to accept the project competition method. [S. 260A]
J N Tekrawala Construction Ltd. v. ITO (2025) 307 Taxman 236 (Guj.)(HC)
S. 144B: Faceless Assessment-Failure to provide personal hearing-Assessment Order as well as notice were to be quashed and set aside-Matter remanded back to NFAC to comply with SOP and pass a fresh order after following due procedure of law.[S. 144B(6),147, 148, 148A(b) 148A(d), Art. 226 ]
Mukeshbhai Barbarbhai Desai v. IDAU, NFAC (2025) 307 Taxman 265 (Guj.)(HC)
S. 144B: Faceless Assessment-Non-resident-Failure to grant personal hearing-Reassessment notice and consequential order were quashed. [S.10(15), 148, 148A(b), 148A(d), Art. 226]
Hasmukh Nanalal Parekh v. UOI (2025) 307 Taxman 427 (Guj)(HC)
S. 144: Best judgment assessment-Cash deposits during demonetisation-Unexplained money-Non-receipt of the notice-Ex parte order was set aside, and the Assessing Officer was directed to make fresh adjudication.[Art. 226]
Yashaswini Gruha Nirmana Sahakara Sangha Niyamitha v. ITO (2025) 307 Taxman 244 (Karn.)(HC)
S. 139: Return of income-Delay in filing of return-Tax deducted at source-Land Acquisition Act-The Commissioner was directed to condone the delay and allow the assessee to file the return. [S. 119 (2)(b), 194LA, Form 26AS, Art. 226]
Navinbhai Bhagubhai Patel v. UOI (2025) 307 Taxman 438 (Guj.)(HC)