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-Notices issued in name of dead person-Participation cannot be regarded as waiver-Notices issued are invalid-Reassessment proceedings set aside. [S. 147, 148,148A(b), 148A(d), Art. 226]
Kinshuk Goel Legal Heir v. ACIT (2025) 473 ITR 323 (Delhi) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-The interest income received from Non-Convertible Debentures (NCDs) was appropriately taxed under section 194LD, and could not be characterized as dividend liable for Dividend Distribution Tax (DDT) under section 115-O-Nexus between material relied on and formation of belief is necessary-Recorded reasons cannot be substituted-Notice and order disposing the objection is quashed. [S.115O, 147, 148, 148A(b), 148A(d), 194LD, Art. 226]
Genpact Luxembourg S. A. R. L. v. ACIT (IT) (2025) 473 ITR 68 (Delhi) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order is passed without giving assessee adequate opportunity to reply to the initial notice-Order is not valid-Matter is remanded back to the Assessing Officer. [S. 147, 148, 148A(b), 148A(d), Art. 226]
Ahmedabad District Co-op Milk Producers Union Ltd. v. ITO (2025) 472 ITR 214 (Guj.) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Petitioner had explicitly sought for a personal hearing-Not granted-Breach of the principles of natural justice-Order is set aside.[S. 148A(b), 148A(d), Art. 226]
Pico Capital Private Limited v. Dy. CIT (2025) 170 taxmann.com 638 (Bom)(HC)
S. 148 : Reassessment-Notice-Merger-Non Existing entity-Notice issued to a non-existing entity post-merger was a substantive illegality and not some procedural violation-Notice and order is quashed and set aside. [S.147, 292B, Art. 226]
City Corporation Limited v. ACIT (2025) 171 taxmann.com 301 (Bom) (HC)
S. 148 : Re-assessment-Notice-Notice issued in the name of amalgamating company instead of amalgamated company-Not a curable defect-Notice is invalid. [S.260A, 292B].
PCIT v. GPT Sons Pvt. Ltd. [2025] 302 Taxman 234 (Cal)(HC)
S. 148 : Reassessment-Notice-Amalgamation-Failure to intimate the amalgamation-Petition is dismissed. [S. 147, 292B, Art. 226]
International Hospital Ltd. v. DCIT (2024) 167 taxmann.com 317 /(2025) 472 ITR 400 (Delhi)(HC)
S. 148 : Reassessment-Notice-Amalgamation-Informed the factum of amalgamation-Reassessment in the name of non-existent amalgamating entity a nullity-Not curable defect cannot be validated under section 292B-Notice and consequential order is quashed. [S. 147, 292B, Art. 226]
International Hospital Ltd. v. DCIT (2024) 167 taxmann.com 317 /(2025) 472 ITR 400 (Delhi)(HC)
S. 147: Reassessment-Ex parte assessment-First information report allegations filed by daughter against her husband and in laws-Physical inability to participate in proceedings-Ex parte assessment order and demand notice is quashed and set aside. [S. 148, Art. 226]
Mohinder Singh v. ITO (2025) 473 ITR 354 (P& H)(HC)
S. 147 : Reassessment-Change of opinion-Notice beyond period of limitation-Interest paid and interest received-Capital receipt-No failure on part of assessee to make true and full disclosure in original assessment-Reassessment proceedings to bring to tax interest receipts based on change of opinion impermissible.[S. 143(3), 148, 260A]
CIT v. Kesoram Industries Ltd. (2025) 472 ITR 696 (Cal.) (HC)