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. 153A: Assessment-Search-Assessment prior to search-Order of High Court is affirmed-SLP of Revenue is dismissed.[Art. 136]

PCIT (Central) 2 v. Jay Ambey Aromatics (2023) 156 taxmann.com 691 / (2024) 296 Taxman 475 (SC)/ Editorial: Refer CIT v. Jay Ambey Aromatics [2023] 155 taxmann.com 668 (Delhi).(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Notice issued after three years-Barred by limitation-Travel back in time theory unsustainable-That the principle of constructive res judicata was not applicable. The orders passed under section 148A(d) and the consequent notices issued for the assessment years 2016-17 and 2017-18 under the amended provisions of section 148 of the 1961 Act were unsustainable. [S. 148, 148A(b) 148A(d),149, Art. 142, 226]

Ganesh Dass Khanna v. ITO (2023) 156 taxmann.com417/ 335 CTR 881 / (2024) 460 ITR 546 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Resident of Uganda-Mutual fund investment-Source of investments coming from Non-Resident External Accounts Beyond Reach Of Authorities-No Tangible material for belief that income had escaped assessment-Notice not valid.[S.10(4), 148, 148A(b), 148A(d), Art. 226]

Nitin Mavji Vekaria v. ITO (2024) 461ITR 18 (Guj)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-No violation of principle of natural justice-Loan transactions-Question of fact-Writ petition is dismissed. [S. 69C, 148A(b), 148A(d), Art. 226]

Shyam Sundar Dhanuka v. ITO (2024) 461 ITR 22 (Cal)(HC) Editorial : Affirmed by division bench, Shyam Sundar Dhanuka v. UOI (2023) 156 taxmann.com 499 /(2024) 461 ITR 25 (Cal)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Matter restored to the AO as the main contention of the assessee that it had not claimed any deduction for such liability was not considered while passing order u/s. 148A (d) of the Act. [S. 148A(b), 148A(d), Art. 226]

Alankar Apartments (P.) Ltd. v. DCIT/(2023) 151 taxmann.com 67 / (2024) 461 ITR 53 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Premature-Before issue of notice u/s 148-Writ petition is dismissed. [S.148, 148A(b), 148A(d), Art. 226]

Yellaiah Setty v. Asst. CIT (2024) 461 ITR 107 (Telangana)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposits–Cash was withdrawn and redeposited in the bank account-No tangible material-Reassessment notice is held to be bad in law.[S.148, 148A(b), 148A(d), Art. 226]

Dinesh Kumar Goyal, HUF v. ITO (No. 2) (2024) 461 ITR 113 (Cal)(HC)/Editorial : Refer , Dinesh Kumar Goyal, HUF v . ITO .(No. 1) (2024)461 ITR 111 / 161 taxmann.com 584 (Cal)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Mere failure to file reply cannot be the ground to issue notice u/s 148-Even in ex-parte order, the authority has to record reasons for coming to a conclusion as to why the case has been taken out for re-opening of the assessment-Matter restored to the Assessing Officer to the stage of notice u/s. 148A(b) of the Act. [S. 148, 148A(b), 148A(d) Art. 226]

GSP Piling Constructions (P.) Ltd. v ACIT (No 2) (2023) 156 taxmann.com 665 (2024) 461 ITR 59 / 296 Taxman 524(Cal)(HC)/GSP Piling Constructions (P.) Ltd. v ACIT (No 1)(2024) 461 ITR 45 ( Cal)( HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Violation of principles of natural justice-Notice and order is quashed-The Assessing Officer may proceed to issue notice as per law by providing a reasonable opportunity of hearing to the assessee [S. 148A(b), 148A(d), Art. 226]

Gubbi Chandananda Jagadeesh v. NFAC (2024) 461 ITR 10 (Karn)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Disputed question of facts-Beneficiaries of cash transactions-Writ petition is dismissed.[S.69C,132, 148A(b) 148A(d), 269D, 269SS, Art. 226]

Shyam Sundar Dhanuka v. UOI (2023) 156 taxmann.com 499 (2024) 461 ITR 25 (Cal)(HC) Editorial : Shyam Sundar Dhanuka v. UOI (2024) 461 ITR 22 (Cal)(HC), Order of single judge.