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 –Clerical mistake- The object and purpose behind S. 292B is to ensure that technical pleas on the ground of mistake, defect or omission should not invalidate the assessment proceedings, when no confusion or prejudice is caused due to non-observance of technical formalities [ S. 148, 292B ]

Skylight Hospitality LLP v. ACIT( 2018) 254 Taxman 390/ 166 DTR 421 / 303 CTR 130 (SC) , www.itatonline.org Editorial. Order in Skylight Hospitality LLP v. ACIT ( 2018) 254 Taxman 109/ 166 DTR 409/ 303 CTR 131 ( Delhi) (HC) is affirmed

S. 147: Reassessment- Reassessment on the basis of information received from investigation wing for alleged accommodation entries and denial by parties the reopening was held to be bad in law [ S. 148 ]

DCIT v. VSB Investment Pvt. Ltd. (2018) 61 ITR 16 (Delhi) (Trib)

S.147: Reassessment- Failure to disclose beneficial owner of deposits in foreign Bank accounts -Reassessment was held to be justified [ S.69 , 148 ]

Ambrish Manoj Dhupelia. v. DCIT (2018 ) 168 ITD 407 (SMC) (Mum) (Trib.)

S.147: Reassessment — Issue was not considered in the original assessment proceedings hence reassessment was held to be valid. As regard the allowability of depreciation on stock exchange membership the matter was remanded .[ S. 32, 148 ]

Way 2 Wealth Brokers P. Ltd. v. (2018)61 ITR 259 (Bang) (Trib)

S. 147: Reassessment — Reopening on same issues as considered in rectification proceedings earlier was held to be not valid [ S. 148 ]

CIT v. Jandu Construction Co. (2018) 61 ITR 235 (Chand) (Trib)

S. 147: Reassessment — Non-speaking order disposing of Assessee’s objection against reassessment — Reassessment was held to be invalid [ S.68, 148 ]

Veer Vardhman Finance Investment Pvt. LTD. v. DCIT (2018) 61 ITR 669 (Delhi) (Trib)

S. 147: Reassessment — Failure to issue notice u/s 143(2) , reassessment was held to be in valid [ S. 143(2) , 148 , 292BB]

Ramesh Salecha HUF v. ITO (2018) 61 ITR 632 (Mum) (Trib)

S. 147 : Reassessment –With in four years-Derived from- Export benefits – Decision of the Supreme Court was operative when the return was filed – Reassessment was held to be valid [ S. 80IC, 148 ]

DCIT v. Century Textiles And Industries Ltd. (2018) 61 ITR 647/ 162 DTR 247 /191 TTJ 483 (Mum) (Trib)

S. 147: Reassessment – Bogus accommodation entries – Order was passed before expiry of four weeks of passing the orders of objection – Non application of mind while recording reasons – Order was held to be bad in law [ S. 148 ]

Meta Plast Engineering P. Ltd. v. ITO ( Delhi)(Trib) , www.itatonline.org

S. 147: Reassessment —Deemed dividend – Notice based on information received from another assessee’s assessing authority was held to be valid [ S. 2(22)( e ), 143(1), 148 ]

Sunrise Broking Pvt. Ltd. v. ITO (2018) 400 ITR 337 (Guj) (HC)