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-Notice through his Chartered Accountant-No notice was issued within period of limitation-Service of notice to Chartered Accountant was not valid service of notice-High Court quashed the reassessment notice-SLP delay of 327 days-Explanation rendered for delay was not satisfactory, SLP was dismissed on ground of delay and laches. [S. 149(1)(b), Art. 136]
ACIT v. Ardent Steel Ltd. (2025) 305 Taxman 629 (SC) Editorial : ACIT v. Ardent Steel Ltd. (2025)175 taxmann.com 816 (Chhatisgarh)(HC)
S. 148 : Reassessment-Notice-Not dealt with the objections-Matter was t remanded back to Assessing Officer to pass a fresh order disposing of objections raised by assessee.[S. 147, Art. 226]
Modern Realty (P.) Ltd. v. Dy. CIT (2025) 305 Taxman 115 (Bom)(HC)
S. 148 : Reassessment-Notice-Without supporting reasons-Notice is quashed and set aside. [S. 147, Art. 226]
Kishore Kumar Singh v. ACIT (2025) 305 Taxman 48 (Patna)(HC)
S. 148 : Reassessment-Notice-Block period-Satisfaction note was recorded on 27-8-2024-Assessment year 2014-15 fell beyond ten-year block period and, therefore, impugned notice issued under section 148 was barred by limitation.[S. 132,148A(b), 148A(d), 158BC, Art. 226]
Evergreen Infrasolutions (P.) Ltd. v. ACIT (2025) 305 Taxman 497 (Delhi)(HC)
S.147: Reassessment–Cash credits-Information from investigation wing-Round tripping-Share subscription agreement and shareholders agreement with KKR Mauritius-Failure on part of assessee to fully and truly disclose material facts-Reassessment notice was valid.[S. 148, Art. 226]
ACIT v. Dalmia Cement (Bharat) Ltd. (2025) 305 Taxman 26 (Mad)(HC) Editorial : Dalmia Cement (Bharat) Ltd v. ACIT (WP(Md) Nos.19202 of 2018 and 19826 of 2018 dt 30-10 2019 (SJ)(Mad)(HC)
S. 147 : Reassessment-With in four years-Cash credits-Penny stock-Accommodation entries-General information-India Infotech and Software ltd-SRK industries Ltd-Capital gains-Capital loss-Materials based on which said report was prepared had also not been placed on record by revenue-Conclusion arrived at by Assessing Officer was based on suspicion created by information that shares of IISL and SRK were penny stocks. On facts reassessment notice and order disposing the objection was quashed and set aside. [S. 45, 68, 148, Art. 226]
Sanjay Kaul v. ITO (2025) 305 Taxman 462 (Delhi)(HC)
S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Shown as short term capital gains-The Tribunal held that no material was placed on record to show how Assessing Officer concluded that LTCG exemption had been claimed. On appeal order of Tribunal is affirmed. [S. 10(38) 45, 143(1), 260A]
PCIT v. Nikunj Dhanuka (2025) 305 Taxman 661 (Cal)(HC)
S. 147 : Reassessment-Long term capital gains from equities-Information from Investigation wing-Accommodation entry-Reassessment is affirmed-Order of Tribunal set aside. [S. 145, 148, 260A]
PCIT v. P.L. Goenka HUF (2025) 305 Taxman 398 (Cal)(HC)
S.147: Reassessment-After the expiry of four years-Long term capital gains-Penny stock-Cash credits-Accommodation entries-Shell company-Reassessment is held to be valid-Order of Tribunal set aside. [S. 45, 68, 148, 260A]
PCIT v. Event Developers (P.) Ltd. (2025) 305 Taxman 187 (Cal)(HC)
S.147: Reassessment-After the expiry of four years-Cash credits-Penny stock-Transaction in shares-Information from Investigation Wing-General information-No live nexues-Concluded assessment cannot be reopened.[S.37 (1),68, 143(3), 148, Art. 226]
CNB Finwiz Ltd. v. Dy. CIT (2025) 305 Taxman 363 (Delhi)(HC)