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. 154 : Rectification of mistake-Mistake apparent from the record-Book profit-Surrender of income-Surrendered income is not included in the book profit-Not a patent error-Rectification is not justified. [S.115JB, 133A]

PCIT v. Setco Automotive Ltd. (2024)471 ITR 247 /161 taxmann.com 254 (Guj) (HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Subsequent decision of Supreme Court-Order must be rectified-Order of AAR which was overruled by Supreme Court-Circular No 688 dated 17-11 1971(1972) 83 ITR 6 (St).[Art. 226]

Citrix Systems Asia Pacific Proprietary Ltd. v Dy. CIT (IT)(2024) 471 ITR 452/160 taxmann.com 625 (Karn) (HC)

S. 153C : Assessment-Income of any other person-Search-Notice issued prior to transfer of case-Notice and order is bad in law-The amendment by insertion of clause (c) in sub section (3) of section 124(3)(c)m by Finance Act, 2016(2016) 384 ITR 1 (St), which came into effect from 1-6-2016 is prospective in nature-Order of High Court is affirmed-SLP of revenue is dismissed. [S. 124, 127(2), Art. 136]

CIT v. Himalaya Drug Company (2024) 471 ITR 763/169 taxmann.com 244 (SC) Editorial : CIT v. Himalaya Drug Company (2023) 22 ITR-OL 33(Karn)(HC)/ 2021 SCC online Kar 16067

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued without giving an opportunity of hearing heard-Notice and order is set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Shram Enterprises v. ACIT (2024)471 ITR 456 (Karn) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Purchase of property-Income from other sources-Order for issue of notice was not mentioned in the initial notice-Notice and order is quashed-Matter remanded.[S. 56(2)(viib), 147, 148, 148A(b), 148A(d), Art. 226]

Annam Rajasekher Bindu v. ITO (2024)471 ITR 328/158 taxmann.com 406 (Mad) (HC)

S. 148: Reassessment-Notice-Claim for deduction of interest-Intimation is not an order of assessment-Assessment for the first time under section 147-Entitle for permissible deductions under the law.[S.43B, 143(1) 147]

Khar Hospitality India Ltd. v. CIT (2024)471 ITR 200 (Cal) (HC)

S. 148 : Reassessment-Notice-Protective assessment-Issuance of notice after initiation of corporate Insolvency resolution process and after initiation of corporate insolvency resolution process and giving effect to resolution plan-Notices and subsequent proceedings of reassessment and penalty and consequential orders are reversed and set aside-Assessing Officer should modify demand giving effect to order of adjudicating Authority in Corporate Insolvency process under Code-Revenue may take whatever steps available to take action, if any, against ex-promoter and other third parties in accordance with law-Notices, subsequent proceedings of reassessment and penalty and consequent orders are reversed and set aside. [S. 133(6), 144, 147, 156A, 271(1)(c), 274, Insolvency and Bankruptcy Code, 2016, S. 31, 238, Art. 226]

Alok Industries Ltd. v. ACIT (2024) 471 ITR 536 /161 taxmann.com 285 (Bom) (HC)

S. 148 : Reassessment-Notice-Writ petition is dismissed on the ground with liberty to assessee to raise all contentions in reply before Assessing Officer and also direction for grant of personal hearing-Income. [S. 147, Art. 226]

Mahendra Gala v. ITO (2024) 471 ITR 757 (Bom)(HC) Editorial : Order of High Court is set aside, Mahendra Gala v. ITO (2024) 471 ITR 758 (SC)

S. 148 : Reassessment-Notice-Writ petition is dismissed on the ground with liberty to assessee to raise all contentions in reply before Assessing Officer and also direction for grant of personal hearing-Income-On SLP the Department stated that it had no objection to quash the notice as the transactions between a mother and son-Appeal is allowed [S. 147, Art. 136]

Mahendra Gala v. ITO (2024) 4571 ITR 758 (SC) Editorial : Mahendra Gala v. ITO (2024) 471 ITR 757 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Capital gains-Co-owner-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed. [S. 45(3) 50C, 148, Art. 226]

Jagdishkumar Vitthalbhai Patel v. ITO (2023) 471 ITR 216 /151 taxmann.com 121 (Guj) (HC)