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-e. filing portal did not include a tab for submission of an online reply-Matter remanded back for consideration. [S. 148, 148A(b), 148A(d), Art. 226]

Jaganathan Bhaarath v. ACIT (2024) 297 Taxman 461 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Proceedings yet to be completed-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

Rajesh Patidar v. ITO (2024) 297 Taxman 30 / 469 ITR 510(MP)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Accommodation entries-Violation of principle of natural justice-Search and seizure-Opportunity of hearing was not granted-Notice and order is set aside with liberty to Assessing Officer to pass a fresh order after hearing.[S.132, 148, 148A(b), 148A(d), Art. 226]

Deepak Modi v. ACIT (2024) 297 Taxman 82 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Beneficiary of accommodation entries-Denial of allegation-Identical issue raised in the original notice issued under section. 148-Deletion of addition. in appeal-Identical notice once again under section. 148A(b)-Notice and order disposing the objection is quashed. [S. 148, 148A(b), 148A(d), Art. 226]

Arun Khanna v. ITO (2024) 297 Taxman 109 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Limitation-After three years-Deposit was only Rs 33.62 lacs-Notice is barred by limitation. [S. 148, 148A(b), 148A(d), 149(1)(a), Art. 226]

Bijendra Singh v. ITO (2024) 297 Taxman 455 (Raj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Purchases reflected in GSTR-1-Failure to reconcile-Reassessment proceeding is valid. [S. 69, 148,148A(b), 148A(d), Art. 226]

Kordient Ventures (P.) Ltd. v. Dy. CIT (2024) 297 Taxman 443 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Development activities on behalf of State Government-Acting as an agent of State Government and income of assessee was restricted to Rs. 5 lakhs per annum only-Reassessment notice and order disposing the objection is quashed and set aside. [S. 148A(b), 148A(d), Art. 226]

City and Industrial Development Corporation of Maharashtra Ltd. v. ACIT (2024) 297 Taxman 42 (Bom.)(HC)

S. 148 : Reassessment-Notice-Deceased-Notice for reopening of assessment of a dead person is null and void.[S. 148, Art. 226]

Urmila Saxena v. CBDT (2024) 297 Taxman 318 (MP)(HC)

S. 148 : Reassessment-Notice-Neither revised return is filed in response to notice nor informed to the Assessing Officer to treat the original return in response to notice under section 148-Not entitle to challenge on the ground that recorded reason was not provided. [S.143(2), 144, 147, Art. 226]

Swapna Manuel v. ACIT (2024) 297 Taxman 573 /465 ITR 769 (Mad.)(HC)

S. 148 : Reassessment-Amalgamation-Notice issued to non existing company-Non-est and void-SLP against the order of High Court is dismissed. [S. 147, Art. 226]

Dy. CIT v. Sterlite Technologies Ltd. (2024) 297 Taxman 134/462 ITR 462 (SC) Editorial: Sterlite Technologies Ltd. v. Dy. CIT(2023) 152 taxmann.com 381/(2024) 462 ITR 157 (Bom)(HC)