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. 149 : Reassessment-Time limit for notice-Validity of a notice must be judged on the basis of the law existing as on the date on which the notice was issued u/s 148-Reassessment notice dated 31-7-2022 was barred by limitation-SLP of revenue was dismissed. [S. 148, 148A(b), 148A(d), Art. 136]

ITO, IT v. Shapoorji Pallonji Mistry (2025) 307 Taxman 620 (SC) Editorial: Labh Investment v.ITO (2025) 170 taxmann.com 628 (Bom) HC)

S. 149: Reassessment-Time limit for notice-validity of a notice must be judged on basis of law existing as on date on which notice was issued under section 148-Order passed under section 148A(d) and notice issued under section 148 were quashed on ground of limitation-Issue is covered in the case UOI v. Rajeev Bansal [2024] 301 Taxman 238 (SC)-Assessing Officer was directed to dispose of objections of assessee accordingly.[S. 148, 148A(b), 148A(d), Art. 136]

ACIT v.Bharat Ramanlal Parekh(2025) 307 Taxman 391 (SC) Editorial : Bharat Ramanlal Parekh v.ACIT (2015) 178 taxmann.com 314 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Demonetization-Reasons recorded are contrary to facts-Notice and order under section 148A(d) are quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]

Utpala Pradeep Jain v. ACIT (2025) 307 Taxman 432 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice was issued by the jurisdictional Assessing Officer-Notice and all further proceedings were quashed. [S. 148A(b), 148A(d), 151A, Art. 226]

Karnataka Co-operative Sheep and Goat Rearers Societies Federation Ltd. v. ITO (2025) 307 Taxman 588 (Karn.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-capital gains-Notice in the name of deceased-Information was furnished to the revenue-Notice and order quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]

Bipinbhai v. Income-tax Officer (2025) 307 Taxman 423 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Surrender of old PAN-Allotted new PAN-Notice and order quashed. [S. 148, 148A(b), 148A(d), Art. 226]

Panchsheel Mercantile Co-Op Bank Ltd. v. ACIT (2025) 307 Taxman 649 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transfer of shares-Agreed to provide the share purchase agreement, TRC, full bank statements and full reconciliation of foreign exchange and cost to the Assessing Officer-The order and notice were set aside and the matter was to be remanded back to the Assessing Officer for a fresh consideration.[S. 148, 148A(b), 148A(d), Art. 226]

Ferra Engineering Pty Ltd. v. Asst. CIT, (IT) (2025) 307 Taxman 519 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for verification-High Court quashed the notice-SLP of revenue dismissed.[S. 148, 148A(b), 148A(d), Art. 226]

ITO v. Onir Infraspace (P.) Ltd. (2025) 307 Taxman 615 / (2026) 487 ITR 420 (SC) Editorial : Onir Infraspace (P) Ltd v.ITO (2024) 168 taxmann.com 21 (Guj) (HC)

S.147: Reassessment-Commercial activity-High Court quashed reassessment notice-SLP delay of 445 days-SLP dismissed on account of delay. [S. 11, 148, Art. 136]

Dy. DIT (E) v. Fine Arts Society (2025) 307 Taxman 224 (SC) Editorial : Fine Arts Society v.Dy. DIT(E)(2024) 159 taxmann.com 776 (Bom)(HC)

S. 147: Reassessment-Depreciation-Earth-moving equipment-Commercial vehicles-No failure to disclose material fact-High court quashed reassessment notice and order disposing of the objections-SLP dismissed on account of not explaining the delay of 244 days. [S. 148, Art. 136]

ACIT v. P.C. Patel and Company (2025) 307 Taxman 223 (SC) Editorial : P.C.Patel & Co v.ACIT (2024) 166 taxmann.com 100 (Guj)(HC)