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 –Educational institution-Availability of alternative statutory remedy – Writ was held to be not maintainable [ S. 10(23C)(vi),148, Art .226 ]

Annamalai University v. ITO (2018) 401 ITR 80/ 166 DTR 422 (Mad) (HC)

S. 147 : Reassessment –Rejection of objection without assigning reasons was held to be bad in law [ S. 148 ]

Scan Holding P. Ltd. v. ACIT (2018) 402 ITR 290 / 169 DTR 334(Delhi) (HC)

S. 147 : Reassessment –With in four years-Details of income submitted during scrutiny assessment-Reassessment notice based on same facts was held to be not valid .[ S. 148 ]

Giriraj Steel v. DCIT (2018) 402 ITR 204 (Guj) (HC)

S. 147 : Reassessment –With in four years- Change of opinion – Transaction relating to subsequent year –Reassessment was held to be not justified .[ S. 2(15) 148 ]

Friends of WWB India v. DIT (2018) 402 ITR 350 (Guj) (HC)

S. 147: Reassessment — Purchase and sale of shares — Accommodation entries – Reassessment rejecting the capital gain was held to be valid [ S. 143(3) 148 ]

Rajnish Jain. v. CIT (2018) 402 ITR 12/ 166 DTR 205 (All) (HC)

S. 147 : Reassessment –With in four years-Reopening of assessment by succeeding Assessing Officer to disallow excess deduction was held to be change of opinion which was held to be impermissible [ S.80IA, 143(3) 148 ]

Ajanta Pvt. Ltd. v. DCIT (2018) 402 ITR 72 (Guj) (HC)

S. 147: Reassessment – Recorded reasons- Wrongly stating matters for earlier years pending before High court instead of before Tribunal being inadvertent error, does not invalidate reasons recorded for reopening of assessment — Reopening was held to be valid [S. 10A,143(1), 148 ]

Gateway Technolabs Pvt. Ltd. v. ACIT (2018) 402 ITR 437 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- There was no failure to disclose all material facts – Reassessment was held to be not valid – Alternative remedy is no bar to file writ petition if the action of the authority is beyond their jurisdiction . [S. 148 ]

Cedric De Souza Faria. v. DCIT (2018) 400 ITR 30 (Bom) (HC)

S.147: Reassessment-After the expiry of four years-Deemed dividend – No failure to disclose material facts hence reassessment was held to be not valid [ S. 148 ]

Gujarat Mall Management Company Private Limited v. ITO (2018) 400 ITR 329 (Guj) ( HC)

S. 147: Reassessment — After the expiry of four years – Failure to repatriate export proceeds with in time stipulated – Reassessment proceedings was held to be valid . AO was directed to verify the contention of the assesse on facts .[ S.10B, 148 ]

Suntec Business Solutions Pvt. Ltd. v. UOI (2018) 401 ITR 101 / 170 DTR 318/ 305 CTR 102 (Ker) ( HC)