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 — 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)
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)