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-Notice was sent to an Email ID no longer in use-Notice and consequential proceedings are quashed-Matter remanded to Assessing Officer for proper issue of initial notice [S.148A(d), Art. 226]
Shri Renga Fabricators Pvt. Ltd. v. NFAC [2024] 469 ITR 25 (Mad)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income from other sources-Gift of property from uncle-Nephew-Relative-Explanation (e) to proviso to section 56(2)(vii) provides that a relative would also include a brother or sister of either of parents of individual-Word ‘nephew’ has not been mentioned cannot be a reason for proceeding on basis that uncle or nephew are not relatives within meaning of Explanation (e) to proviso to section 56(2)(vii)-Reassessment notice is quashed. [S. 56(2)(vii), 148, 148A(b) 148Ad),149(1)(b), Art. 226]
Sumeet Kawatra v. ITO (2024) 301 Taxman 488/341 CTR 697 / 243 DTR 257 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued for assessment year 2013-14, under old regime after expiry of six years-limitation period were barred by limitation. [S. 147, 148, 148A(b), 148A(d), 149, Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 226]
Deekay Pine Board (P.) Ltd v. ACIT(2024) 167 taxmann.com 731 (Guj)(HC) Editorial : SLP is disposed of in terms of judgment of Supreme Court in UOI v. Rajeev Bansal [2024] 167 taxmann.com 70 (SC) Asstt. CIT v. Deekay Pine Board (P.) Ltd. (2024) 301 Taxman 552 (SC)
S.148 : Reassessment-Notice-After approval of resolution plan by NCLT for a period prior to approval of resolution plan-Notice is quashed.[S. 147 Insolvency and Bankruptcy Code, 2016, S.31, Art. 226]
Uttam Galva Metallics Ltd.v. ACIT [2024] 166 taxmann.com 492 (Bom) (HC).
S.148: Reassessment-Notice-Barred by limitation-Notice and order is quashed. [S.149(1)(b), Art. 226] Assessment year 2015-16-Barred by limitation (A.Y. 2015-16)
20 Media Collective Pvt. Ltd.v Pr. ACIT (Bom) (HC)(UR)
S. 148 : Reassessment –Notice-Dead person-Notice and order is void ab initio [S. 147, Art. 226]
Mary Gene Gracious v. ITO (Bom)(HC)(UR)
S. 147 : Reassessment –With in four years-Bad debt –Advances written off-Change of opinion-Reassessment notice and order disposing the objection is quashed and set aside. [S.36(1)(vii), 142(1), 143(3), Art. 226]
Changepond Technologies (P.) Ltd. v. ACIT (2024) 301 Taxman 613 (Mad.)(HC)
S. 147: Reassessment-Provision of certain amount towards restatement of liability in foreign currency-Reassessment is valid Finding of fact given by Tribunal cannot be disturbed in appeal before the High Court.[S.37(1), 148, 254(1), 260A]
Costal Energy (P.) Ltd. v. Dy. CIT (2024) 301 Taxman 51 (Mad.) (HC)
S. 147 : Reassessment –With in four years-Purchase and sale of land-Audit objection-Business income or capital gains-No fresh, tangible information-Reassessment notice and order disposing the objection is quashed.[S.28(i), 45, 148, Art. 226]
Nanubhai Vashrambhai Ramolia v. ACIT (2024) 301 Taxman 199 (Guj)(HC)
S. 147 : Reassessment-Long term capital gain-Limited scrutiny-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S.54F,143(3), 148, Art. 226]
Hareshkumar Bhupatbhai Panchani v. ITO (2024) 301 Taxman 363 (Guj)(HC)