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 147 :Reassessment-Strictures-Failure to produce reasons recorded and original assessment record-Record not traceable-Appeal dismissed-Cost of Rs.5000 levied on revenue [S. 148, 260A]

PCIT v. Indo Rama Synthetics (1) Ltd (2025) 481 ITR 658 /179 taxman.com 347 (Delhi)(HC) Editorial : PCIT v. Indo Rama Synthetics (1) Ltd (2025) 481 ITR 660/307 Taxman 389 (SC)

S. 147 : Reassessment-With in four years-Cash credits-Capital gains0 Book profit-Notice issued based on information in Insight Portal-Price manipulation in shares-Assessing Officer had no other specific information relating to assessee’s share transactions-Notice quashed.[S. 45, 68 115JB, 143(3), 147, 148, Art. 226]

Adeshwara Cement Co. Pvt. Ltd. (through director Kushal Mohit Shah) v. ACIT [2024] 166 taxmann.com 583 / (2025) 481 ITR 282 (Guj)(HC) Editorial : ACIT v. Adeshwar Cement Co (P.) Ltd(2025) 306 Taxman 271 (SC), SLP of revenue dismissed for failure to explain delay of 196 days.

S. 147 : Reassessment-With in four years-Change of opinion-Anonymous donations received in hundi-Donations received in form of ornaments not invested in prescribed form as mandated under section 11(5) of the Act-No new tangible material coming to possession of Assessing Officer after completion of scrutiny assessment-Notice and order rejecting assessee’s objections and subsequent proceedings quashed and set aside.[S.11(5), 12A, 13(1(d), 115BBC(1)(2)(b) 148, Art. 226]

Shri Saibaba Sansthan Trust (Shirdi) v. UOI [2024] 169 taxmann.com 671 / (2025) 481 ITR 517 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Depreciation on goodwill and additional depreciation-No failure to disclose material facts-Slump sale-Depreciation-Suspicion-Disclosure before settlement commission-Third party disclosure-Notice and order disposing the objection was quashed.[2(42C), 32, 32AC, 148 Art. 226]

Baxter Pharmaceuticals India Pvt. Ltd v. ACIT (2025) 481 ITR 289/173 taxmann.com 573 (Guj)(HC) Editorial : ACIT v. Baxter Pharmaceuticals India Pvt. Ltd(2025) 481 ITR 301 / (2026] 308 Taxman 158 (SC), SLP of revenue dismissed. .

S.147: Reassessment-After the expiry of four years-Change of opinion-Share premium-No tangible material-Reassessment notice and order disposing the objection was quashed. [S.68, 143(3), 148, Art. 226]

Infibeam Avenues Ltd v. Dy. CIT (2025) 481 ITR 508 / 164 taxmann.com 466 (Guj)(HC) Editorial : Dy.CIT v. Infibeam Avenues Ltd (2025) 306 Taxman 350/481 ITR 515 (SC)

S 147 :Reassessment-Strictures-Failure to produce reasons recorded and original assessment record-Record not traceable-Appeal dismissed-Cost of Rs.5000 levied on revenue-SLP of revenue dismissed. [S. 148, Art. 136]

PCIT v. Indo Rama Synthetics (1) Ltd (2025) 481 ITR 660/ 307 Taxman 389 (SC) Editorial : PCIT v. Indo Rama Synthetics (1) Ltd(2025) 481 ITR 658 /179 taxman.com 347 (Delhi)(HC)

S.147: Reassessment-After the expiry of four years-Depreciation on goodwill and additional depreciation-No failure to disclose material facts-Slump sale-Depreciation-Suspicion-Disclosure before settlement commission-Third party disclosure-Notice and order disposing the objection was quashed by High Court-SLP of revenue dismissed.[2(42C), 32, 32AC, 148 Art.136]

ACIT v. Baxter Pharmaceuticals India Pvt. Ltd (2025) 481 ITR 301/ / (2026] 308 Taxman 158 (SC) Editorial : Baxter Pharmaceuticals India Pvt. Ltd v. ACIT (2025) 481 ITR 289/173 taxmann.com 573 (Guj)(HC)

S. 145 : Method of accounting-Trading in jewellery-Discrimination-Parliament power to prescribe accounting standards-Provision making it mandatory for assessees to adopt first-in-first-out or weighted average cost method for valuing stock and inventory-Provision applicable to all assessees-Not an unreasonable classification or arbitrary-Valid in law-Valuation of stock-Closing and opening stock to be valued by applying same method of valuation-Valuation of stock-Enhancement by revaluation of stock not real income in hands of assessee-Provision making it mandatory for assessees to adopt first-in-first-out or weighted average cost method for valuing stock and inventory with retrospective effect Amendment meant to give relief to assessees who regularly adopted first-in-first-out to value stock in assessment year 2017-2018 and to save returns from being declared incorrect or invalid-Not applicable to assessees who did not apply first-in-first-out to value opening and closing stock but followed last-in-first-out consistently and had filed returns before amendment Income-tax Act, 1961-Mercantile system of accounting and consistently valuing stock and inventory using last-in-first-out method-Department to either accept valuation of both opening and closing stock based on last-in-first-out method or permit assessee to value stock applying first-in-first-out or weighted average cost method. [S. 145A Art, 14, Art. 226, 145A Income Computation and Disclosure Standards (II), cl. 16.]

P.A. Jose v. UOI (2025) 481 ITR 148 (Karn)(HC)

S. 144C : Reference to dispute resolution panel-Time limit-Mandatory-Assessment order made after expiry of time limit provided under section 144C(13)-Invalid [S. 144C(13),153, 260A] has to be held as invalid

PCIT v. Sterling Oil Resources Ltd. (2025) 481 ITR 767/ 171 taxmann.com 581 (Bom)(HC)

S. 144C : Reference to dispute resolution panel-Assessing Officer must pass final assessment order within one month of receiving DRP directions, with no scope for extension or discretion-Order not valid.[S. 92C, 144C(13), 260A]

Himalaya Drug Company v. Dy. CIT(2025) 176 taxmann.com 55 / 481 ITR 682 (Karn)(HC)