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 —Assessment of subsequent year showing that claims allowed in original assessments were based on erroneous statement by assessee — Reassessment notice was held to be valid [ S.148 ]
S.C. Johnson Products P. Ltd. v. ACIT (2018) 400 ITR 426/ 253 Taxman 108 / 161 DTR 209 (Delhi) (HC)
S. 147: Reassessment — With in four years -Change of opinion- Reassessment was held to be not valid [ S. 148 ]
Vijay Harishchandra Patel. v. ITO (2018) 400 ITR 167/ 167 DTR 475 (Guj) (HC)
S. 147 : Reassessment –With in four years-Original assessment reassessment was held to be invalid for non service of notice u/s 143(2)- Notice reassessment on same ground was held to be valid .[ S.143(2), 148 ].
Krishna Developers and Co. v. DCIT (2018) 400 ITR 260 (Guj) (HC)Editorial: SLP of assessee is dismissed, Krishna Developers and Co. v. DCIT ( 2018) 254 Taxman 125 ( SC)
S.147:Reassesment –With in four years-Audit objection- Reply of Assessing Officer to audit objection opposing the reassessment- , Apex court Judgement was not available- Reassessment was held to be bad in law . [ S. 80IB, 148 ]
CIT v. Rajan N. Aswani ( 2018) 403 ITR 30 / 165 DTR 371 (Bom)(HC) , www.itatonline.org
S.147: Reassessment- Failure in computing income from outside India at a low rate – Reassessment was held to be valid [ S. 44BB, 148 ]
Invensys Process Systems (S) v. ADIT (2018) 252 Taxman 199 (Uttarakhand) (HC)
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)