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-Ex-parte order-If debits considered escapement of income would be within threshold limit of Rs. 50 Lakhs-Opportunity of hearing is not given-Assessment order and notices are quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Vijayakumar v. ITD (2024)465 ITR 396 (Mad)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Search-Assessment of third person-Reassessment based on incriminating material and information collected prior to and post search-Permissible only under Section 153C-Reassessment cannot be made under Section 147-Notices and orders set aside. [S. 132, 147, 148,153A, 153C,Art. 226]

Tirupati Construction Co. v. ITO (2024)465 ITR 611 /165 taxmann.com 176 (Raj)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Death of assessee-Intimated to Department-Proceedings for earlier assessment years dropped for reason that notices issued against dead person invalid-Notice and proceedings void ab initio-Notices and orders set aside. [143, 147, 148, 148A(b), 148A(d), Art. 226]

Pradeep Jain v. ITO (2024) 465 ITR 399 / 164 taxmann.com 284 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Settlement Commission-Settlement of cases-Reassessment-Order passed by way of settlement of case is conclusive-Order cannot be reopened except in case of fraud or misrepresentation-Issues considered by Settlement Commission-Re assessment notice is not valid. [S. 147, 148,148A(b), 148A(d), 245D(4), 245D(6), 245D(7), 245H, 245I, Art. 226]

Orchid Infrastructure Developers Pvt. Ltd. v. PCIT (2024)465 ITR 591/161 taxmann.com 673 /338 CTR 1 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Settlement Commission-Settlement of cases-Reassessment-Order passed by way of settlement of case is conclusive-Order cannot be reopened except in case of fraud or misrepresentation-Issues considered by Settlement Commission-Re assessment notice is not valid. [S. 147, 148,148A(b), 148A(d), 245D(4), 245D(6), 245D(7), 245H, 245I, Art. 226]

Orchid Infrastructure Developers Pvt. Ltd. v. PCIT (2024)465 ITR 591/161 taxmann.com 673 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued on the ground of non filer of return of income-Return was filed and refund was granted-Notice and order is quashed. [S. 139, 143(1), 147, 148, 148A(b), 148A(d), 149, 151, Art. 226]

Narendra Kumar Shah v. ACIT (2024)465 ITR 385/162 taxmann.com 397 (Bom)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information from insight portal that assessee had transacted with Mutual Fund found to be involved in scam-No nexus between belief and material-Reassessment notice and order disposing the objection is quashed-Court can examine relevancy of recorded reasons in writ jurisdiction. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Karan Maheshwari v. ACIT (2024)465 ITR 232 (Bom)(HC)

S. 148: Reassessment-Notice-Limitation-Amendment in law-Effect of amendment with effect from 1-4-2021-Notices dated 31-3-2021, but dispatched on 1-4-2021 or thereafter from Income-Tax Business application portal-Notices barred by limitation. [S. 147, 148, 149, 151, Art. 226]

Kalyan Chillara v. Dy. CIT (2024)465 ITR 729 341 CTR 418 /242 DTR 438 /167 taxmann.com 500 (Telangana)(HC)

S. 147 : Reassessment Business expenditure-Incidental benefit to third party is not relevant-Notice and order disposing the objection. is quashed. [S.37(1), 148, Art.226]

Sun Tan Trading Co. Ltd. v. Dy. CIT (2024)465 ITR 540 /159 taxmann.com 217 (Bom)(HC)

S. 147 : Reassessment-Order is passed after giving a reasonable opportunity of hearing-No evidence that violation of principle of natural justice had caused prejudice to assessee-Writ is not maintainable. [S. 148, Art. 226]

Swapna Manuel v. ACIT (2024)465 ITR 769 (Mad)(HC)