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. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for assessment year 2013-14, under old regime after expiry of six years-limitation period were barred by limitation. [S. 147, 148, 148A(b), 148A(d), 149, Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 226]

Deekay Pine Board (P.) Ltd v. ACIT(2024) 167 taxmann.com 731 (Guj)(HC) Editorial : SLP is disposed of in terms of judgment of Supreme Court in UOI v. Rajeev Bansal [2024] 167 taxmann.com 70 (SC) Asstt. CIT v. Deekay Pine Board (P.) Ltd. (2024) 301 Taxman 552 (SC)

S.148 : Reassessment-Notice-After approval of resolution plan by NCLT for a period prior to approval of resolution plan-Notice is quashed.[S. 147 Insolvency and Bankruptcy Code, 2016, S.31, Art. 226]

Uttam Galva Metallics Ltd.v. ACIT [2024] 166 taxmann.com 492/ 471 ITR 592 / 246 COMP CASE 678 (Bom) (HC).

S.148: Reassessment-Notice-Barred by limitation-Notice and order is quashed. Assessment year 2015-16-Barred by limitation . [S.149(1)(b), Art. 226]

20 Media Collective Pvt. Ltd.v Pr. ACIT [2025] 170 taxmann.com 331(Bom) (HC)

S. 148 : Reassessment –Notice-Dead person-Notice and order is void ab initio [S. 147, Art. 226]

Mary Gene Gracious v. ITO [2025] 170 taxmann.com 82 (Bom)(HC)

S. 147 : Reassessment –With in four years-Bad debt –Advances written off-Change of opinion-Reassessment notice and order disposing the objection is quashed and set aside. [S.36(1)(vii), 142(1), 143(3), Art. 226]

Changepond Technologies (P.) Ltd. v. ACIT (2024) 301 Taxman 613 (Mad.)(HC)

S. 147: Reassessment-Provision of certain amount towards restatement of liability in foreign currency-Reassessment is valid Finding of fact given by Tribunal cannot be disturbed in appeal before the High Court.[S.37(1), 148, 254(1), 260A]

Costal Energy (P.) Ltd. v. Dy. CIT (2024) 301 Taxman 51 (Mad.) (HC)

S. 147 : Reassessment –With in four years-Purchase and sale of land-Audit objection-Business income or capital gains-No fresh, tangible information-Reassessment notice and order disposing the objection is quashed.[S.28(i), 45, 148, Art. 226]

Nanubhai Vashrambhai Ramolia v. ACIT (2024) 301 Taxman 199 (Guj)(HC)

S. 147 : Reassessment-Long term capital gain-Limited scrutiny-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S.54F,143(3), 148, Art. 226]

Hareshkumar Bhupatbhai Panchani v. ITO (2024) 301 Taxman 363 (Guj)(HC)

S.147: Reassessment-After the expiry of four years-Capital asset –Agricultural land-Agricultural and situated beyond municipal limits, same did not come within ambit of section 2(14)(iii)(a)-No capital gain is liable to be taxed.[S. 2(14)(iii)(a), 45, 143(3), 144, 148, Art. 226]

Dinesh Singla v. ACIT (2024) 301 Taxman 432 (P&H)(HC)

S.147: Reassessment-After the expiry of four years-No failure to disclose material facts-G.P rate of unrecorded transactions were recorded at 7.5% as against G.P rate of 12.5 % in respected recorded transactions-Reassessment notice and order disposing the objection is quashed. [S.143(3), 148, Art. 226]

Susheel Kumar Shankarlal v. ITO (2024) 301 Taxman 61 (MP)(HC)