S. 148 : Reassessment-Notice-Notice issued in the name of deceased-Not enforceable in law-legal heirs submitted proof of death of assessee-Notice is null and void. [S. 147, 292BB, Art.226]
Devendra (legal heir of Vasudeo Damduji Jambhulkar) v. Addl. Jt. CIT [2024] 461 ITR 463 (Bom)(HC)
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 148 : Reassessment-Notice-Dead Person-Notice in the name of deceased assessee-Intimation by the legal heir to the Assessing Officer informing the notice is dead-Second notice in the name of legal heir-Reassessment order in the name of deceased is not curable defects-Notice and order is quashed.[S. 147, 292B 292BB, Art. 226]
Pravinchandra A Shah v. UOI [2024] 461 ITR 307/[2023] 154 taxmann.com 616 (Guj)(HC)S. 148 : Reassessment- Notice- Amalgamation-Intimated to Assessing Officer-Notice issued to non-existent company is unsustainable- Special Leave Petition dismissed.[S. 147, Art.136]
ITO v. Abhishek Caplease Pvt. Ltd. (2024)461 ITR 263 /298 Taxman 449 (SC) Editor : Abhishek Caplease Pvt. Ltd v. ITO (2024) 461 ITR 261 (Guj)(HC)S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
FCB Interface Communications Pvt. Ltd. v. ACIT [2024] 461 ITR 406 (P&H)(HC)Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act , 2015 .
S. 10: Assessment – Non -Resident Indian living in Dubai – Serach – Undiclosed foreign asseets – Look Out Circular (LOC) – Mere fact that information sought through Foreign Tax and Tax Research from other jurisdictions such as UAE was still awaited could not be reason to keep LOC against assessee pending to curtail his fundamental rights and thus, LOC is quashed . [ ITAct , 132 , Art. 226 ]
Jayant Nanda v. UOI (2024) 298 Taxman 276 (Delhi)(HC)S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
FCB Interface Communications Pvt. Ltd. v. ACIT [2024] 461 ITR 406 (P&H)(HC)S. 147 : Reassessment-After the expiry of four years-Accommodation entries-Internal information-No live link between material and belief- Change of opinion-Reassessment notice and order disposing the objection is quashed.[S. 143(3), 148, Art. 226, Evidence Act, 1872, S.103]
Prabhat Properties Pvt. Ltd. v. ACIT (2024)461 ITR 390 (Bom)(HC)S. 147 : Reassessment-After the expiry of four years-No failure on the part of assessee to disclose fully and truly all material facts-Notice and order disposing the objection is set aside. [S. 54, 54F, 148, Art. 226]
Ashraf Chitalwala v. Dy. CIT [2024] 461 ITR 235 (Bom HC)S. 147 : Reassessment-After the expiry of four years-No failure on the part of the assessee to disclose fully and truly all material facts-Notice and order disposing the objection is quashed and set aside [S.10AA, 148, Form No 56F, Art.226]
CitiusTech Healthcare Technology v. Dy. CIT [2024] 461 ITR 249 (Bom) (HC)S. 147 : Reassessment-After the expiry of four years-No new information-Disclosed all material facts fully and truly- Allegation of paper companies-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 148, Art.136]
ACIT v. Sabh Infrastructure Ltd. (2024) 461 ITR 339 / 297 Taxman 374 (SC) Editorial : SABH Infrastructure Ltd. v. ACIT (2017) 398 ITR 198 / (2018) 99 taxamnn.com 409 (Delhi)(HC)