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. 153C: Assessment-Income of any other person-Search-Block Assessment-Satisfaction note-Block period-Seized material must pertain to relevant assessment year-Bearing-Notices issued in absence of incriminating material based on non-speaking satisfaction notes unsustainable-Satisfaction notes in these petitions had alluded to incriminating material having been recovered for the assessment years 2013-14 and 2014-15, respectively, and the materials that were co relatable had been specifically identified. All other contentions of parties could be raised in the ongoing proceedings- SLP dismissed on account of delay and also on merits. [S. 132, 153A 158BB, Art. 136]
ITO v. Saksham Commodities Ltd. (2025) 304 Taxman 515 (SC) ACIT v. Chander Parkash Gupta (2025) 304 Taxman 607 (SC) ACIT v.Satyapal Arya (2025) 304 Taxman 179 (SC) Editorial : ITO v. Saksham Commodities Ltd(2024) 161 taxmanncom 485/ 464 ITR 1 / 338 CTR 418 (Delhi)(HC)
S. 151 : Reassessment-Sanction for issue of notice-After expiry of three years-It would be Principal Chief Commissioner who would be liable to be recognized as being competent authority- Sanction accorded by Principal Commissioner for reassessment under section 148A is not valid-Reassessment notice and consequential order was quashed. [S.148, 148A(b), 148A(d), Art. 226]
Kusum Healthcare (P.) Ltd. v. Dy. CIT (2025) 304 Taxman 471 (Delhi)(HC)
151 : Reassessment-Sanction for issue of notice-Deposited donations received in cash in its bank account-Reassessment notice and sanction was without application of mind -Delay of 246 days-Not satisfactorily explained-SLP dismissed. [S. 11, 12A, 147, 148, Art. 136]
ITO (E) v. Dnyaneshwar Maharaj Sansthan Alandi Dewachi (2025) 304 Taxman 667 (SC) Editorial : Dnyaneshwar Maharaj Sansthan Alandi Dewachi v.ITO (2025) 173 taxmann.com 62 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Considering the objection order u/s 148A(d) was passed-Again objection was raised in response to notice u/s 142(1)-No explanation for delay in filing the writ petition -Interim relief rejected-Matter listed on 7th April, 2025 for further orders. [S. 148, 148A(b),148A(d), Art. 226]
Tomorrow Technologies Global Innovation Ltd. v. ACIT (2025) 304 Taxman 703 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless assessment-Sanction for issue of notice-Jurisdiction of authority who passed order- Interim stay was granted for a period of four weeks.[S. 144B, 148, 148A(b) 148A(d), 151A, Art. 226]
Mark Studio India (P.) Ltd. v. ITO (2025) 304 Taxman 454 (Mad)(HC) Editorial :Mark Studio India (P.) Ltd. v. ITO (2024) 169 taxmann.com 542 (Mad)(HC) (SJ)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income-Deemed to accrue or arise in India -Royalties/Fees for technical services DTAA -India-Singapore [S.9(1)(vi), 9(1)(vii), Art.12, Art. 226]
ST Engineering Aerospace Engines PTE Ltd. v. ACIT (2025) 304 Taxman 697 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- Capital gains- Assessing quantum of escaped income in matters like this, amount mentioned in registered conveyance couldnot be straight away taken as income escaping assessment without deducting cost of acquisition therefrom. Order of single judge was affirmed. [S. 45, 48, 147, 148, 148A(b), 148A(d), 149(1)(b), Art. 226]
ITO v. Sanath Kumar Murali (2025) 304 Taxman 55 (Karn)(HC) Editorial : Sanath Kumar Murali v. ITO (2023) 294 Taxman 80/ 455 ITR 370 (Karn(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- Alternative remedy-High Court held that since Assessing Officer had passed well detailed order after rebutting assessee’s contentions, assessee should be directed to adopt alternate remedy of appeal against assessment order-SLP filed by assessee against the order of High Court was dismissed [S. 143(3), 148, 148A(b), 148A(d), Art. 136]
Seahorse Mercantile Company (P.) Ltd. v. ITO (2025) 304 Taxman 511 (SC) Editorial : Seahorse Mercantile Company (P.) Ltd. v. ITO (2025) 172 taxmann.com 699 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- Order of High Court set aside in view of UOI v. Rajeev Bansal [2024]301 Taxman 238/469 ITR 46(SC) final assessment order was quashed only for purpose of enabling assessee to raise all objections and contentions vis-a-vis impugned notices.[S. 148, 148A(b), 148A(d), Art. 136]
Seahorse Mercantile Company (P.) Ltd. v. ITO (2025) 304 Taxman 277 (SC) Editorial : Seahorse Mercantile Company (P.) Ltd. v. ITO (2025)172 ITR 162 (Bom)(HC)
S. 148 : Reassessment-Notice-Non application of mind-Notice was quashed. [S. 135A,292B, Art. 226]
Monish Gajapati Raju Pusapati v. AUITD (2025) 304 Taxman 382/344 CTR 165 / 248 DTR 17 (Delhi)(HC)