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-Fictitious loss-Derivative loss-Full-fledged investigations are required-Due process is followed-Writ petition is dismissed. [S. 148A(b), 148A(d), Art. 226]

Accord Capital Markets (P) Ltd. v. ITO (2023) 333 CTR 549 (Cal)( HC) Editorial : Order of single Judge is affirmed, Accord Capital Markets (P) Ltd. v. ITO (2023) 333 CTR 550 (Cal)( HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to disclose capital gains-Sale consideration of immoveable properties-Writ petition is filed after five months of passing of order-Writ petition is dismissed.[S. 148A(b) Art. 226]

Heritage Holidays (P) Ltd. v. Asst. CIT(2023) 335 CTR 1101 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Capital gains –Cash credits-Sale of property-Description of property was different in order passed under section 148A(d) from description in notice under section 148A(b)-Reassessment notice and order is quashed and set aside.[S. 45, 68, 148A(b), 148A(d), Art. 226]

Usha Rani Girdhar v. ITO (2023) 334 CTR 596 / 146 taxmann.com 547 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice is violated-Seven days time exclusive of holidays to give reply was not provided-Matter is remanded back for fresh consideration.[S.148(A)(b), 148A(d), Art. 226]

Girdhar Goppal Dalmia v.UOI ( 2023) 333 CTR 388 ( Cal)( HC) Editorial : Order of single judge is set aside, Girdhar Goppal Dalmia v.UOI ( 2023) 333 CTR 393/ 224 DTR 439 ( Cal)( HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order passed is neither violation of principle of natural justice nor contrary to any statutory provision nor any procedural irregularity nor without jurisdiction-Writ petition is dismissed. [S. 148A(b), 148A(d), Art. 226]

Girdhar Goppal Dalmia v. UOI ( 2023) 333 CTR 387/ 224 DTR 433 ( Cal)( HC) Editorial: Order of single judge is set aside, Girdhar Goppal Dalmia v.UOI ( 2023) 333 CTR 379 ( Cal)( HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Replies uploaded was not considered-Order passed and notice issued is set aside-Directed the Assessing Officer to pass a reasoned order on merits and in accordance with law. [S. 148A(b), 148A(d), Art. 226]

Accord Capital Markets (P) Ltd v.ITO ( 2023) 333 CTR 549 ( Cal)( HC) Editorial : Order of single judge is set aside, Accord Capital Markets (P) Ltd v.ITO ( 2023) 333 CTR 550 ( Cal)( HC)

S. 148 : Reassessment –Notice-Jurisdiction-Foreign company-No order of transfer was produced-Notices issued by ACIT, IT, Bhubaneswar were without jurisdiction and, impugned notices and all proceedings consequent thereto were to be quashed Notices issued by ACIT, IT, Bhubaneswar were without jurisdiction and, notices and all proceedings consequent thereto were quashed.[S. 120,127 147,197, Art. 226]

Vedanta Resources Ltd. v. ACIT (IT) (2023) 333 CTR 432 / 150 taxmann.com 57 (Orissa)(HC)

S. 147 : Reassessment –Change of opinion-Spent more than 85 per cent of receipts-Order of Tribunal quashing the reassessment order is affirmed.[S. 11, 12, 12A, 13, 148, 260A]

CIT (E) v. Tibetan Children’s Village Dal Lake (2023) 335 CTR 380 /155 taxmann.com 118 (Himachal Pradesh)(HC)

S. 147 : Reassessment-Reopening of assessment on the ground of subsequent AAR-Binding nature of Advance ruling will prevail-Reassessment notice and notice is quashed and set aside-DTAA-India-UAE [S. 9(1)(i) 148, 245S, Art. 4, 10, 11,13(3), Art. 226]

Usha Eswar (Mrs). v.Rajeshwari Menon, ITO, (IT) (2023) 334 CTR 480 / 152 taxmann.com 454 (Bom)( HC)

S. 147 : Reassessment –With in four years-Capital gains-Change of opinion-No suppression of material facts-Reassessment notice and order disposing the objection is quashed. [S. 45, 143(3), 148, Art. 226]

Shrikant Vasudev Naik v. ACIT ( 2023) 333 CTR 684 ( Bom)( HC) Indirabai Shrikant Naik v. ACIT ( 2023) 333 CTR 684 ( Bom)( HC)