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. 148 : Reassessment-Notice-Beyond period of limitation-Notice and consequential order was quashed-SLP of the Revenue is dismissed due to low tax effect-Issue is kept open. [S. 147, 149, Art. 136]

ITO v. K. Devasis Patro (2023) 294 Taxman 343 (SC) ITO v. Tapan Kumar Ghadei (2023) 455 ITR 356 /294 Taxman 522 (SC) Editorial: K. Devasis Patro v.ITO (2023) 153 taxmann.com 197 (Orissa) (HC) / Tapan Kumar Ghadei v. ITO (2023) 153 taxmann.com 576 (Orissa)(HC)

S. 148 : Reassessment-Notice-Reassessment notice issued would remain in operation unless it is specifically withdrawn, quashed or gets time barred-SLP of Revenue is dismissed as the amount of tax in dispute is low. [S. 147.]

Dy. CIT v. Marwadi Shares & Finance Ltd. (2023) 294 Taxman 600 (SC) Editorial: Marwadi Shares & Finance Ltd v. Dy.CIT (2018) 407 ITR 49/ 94 taxmann.com 398 (Guj)(HC)

S. 147 : Reassessment-With in four years-corporate social responsibility expenses-Reopening was without application of mind-Reassessment notice and order disposing the objection is quashed. [S. 148, Companies Act, 2013, S. 135 Art.226]

Adani Power Maharashtra Ltd. v. ACIT (2023) 294 Taxman 414/(2024) 460 ITR 720 (Guj.)(HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Adani Power Maharashtra Ltd. (2024) 297 Taxman 394 / 460 ITR 729 (SC)

S. 147 : Reassessment-With in four years-Interest paid on loans borrowed-Controlling interest-Change of opinion-Allowed as business expenditure-Notice to reopen assessment was merely on basis of change of opinion of Assessing Officer and same was to be set aside. [S. 37(1), 148, Art. 226]

Vedanta Ltd. v. B.D. Naik, Dy. CIT (2023) 294 Taxman 465 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Sale of shares-Tax Residency Certificate under laws of Mauritius-Capital gains-Nothing in form of information or material had been put on record-Reassessment notice is quashed and set aside-Matter was to be remanded back to AO to confront assessee with relevant material-DTAA-India-Mauritius. [S. 148, Art. 13, Art. 226]

Vodafone Mauritius Ltd v. ACIT (2023) 294 Taxman 43 (Delhi)(HC)

S. 147 : After the expiry of four years-Investment in Mutual funds-Did not file the income tax return-Did not respond to various notices-Neither conduct nor alleged prejudice suffered by assessee prompt Court to exercise any discretion to receive matter and adjudicate same without leaving assessee free to approach regular statutory remedy in accordance with law-Writ petition is dismissed. [S. 10(26),10(45), 139(1), 139(4C), 142(1), 148, Art. 226, Civil Procedure Code, 1908, Order VII Rule 11,]

Ramona Massar v. UOI (2023) 294 Taxman 89 /334 CTR 880 (Meghalaya)(HC)

S. 147 : Reassessment-After the expiry of four years-Order passed without disposing off objection raised by passing a speaking order-Assessment order and notice is set aside. [S. 143(3), 148, Art. 226]

Hewlett Packard Financial Services (India) v. DCIT (2023) 294 taxman 25 (Karn)(HC)

Interpretation of Taxing Statutes — Ejusdem Generis — Noscitur A Sociis.

D. N. Singh v .CIT (2023)454 ITR 595/ 293 Taxman 550/ 332 CTR 665 / 226 DTR 17 (SC)

S. 147 : Reassessment-After the expiry of four years-Unexplained expenditure-Search-No failure to disclose material facts-[S. 132, 143(3), 148]

PCIT v. DSC Ltd. (2023) 294 Taxman 720 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-Unexplained investments-Sale of land-Depreciable assets-Information from investigation wing-Sale consideration n was disclosed in the return-Reassessment notice and order disposing the objection was quashed. [S. 48, 50C, 69A, 143(1), 148, Art.226]

Apex Remedies (P.) Ltd. v. ITO (2023) 294 Taxman 215 /(2024) 462 ITR 114(Guj.)(HC)