S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-No violation of principles of natural justice.-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art.226]
Dinesh Kumar Goyal, HUF v. ITO.(No. 1) (2024)461 ITR 111 / 161 taxmann.com 584 (Cal)(HC) Editorial : Dinesh Kumar Goyal, HUF v. ITO.(No. 2) (2024)461 ITR 113 (Cal)(HC), decision of single judge is reversed.
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order based on New reasons-Adequate opportunity should be provided-Order is set aside.[S.144B, 148, 148A(b), Art.226]
Packirisamy Senthilkumar v. Government Of India [2024] 461 ITR 473 (Mad)(HC)S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order based on New reasons-Adequate opportunity should be provided-Order is set aside.[S.144B, 148, 148A(b), Art.226]
Packirisamy Senthilkumar v. Government Of India [2024] 461 ITR 473 (Mad)(HC)S. 148 : Reassessment-Notice-Amalgamation-Intimated to Assessing Officer and duly acknowledged- Notice issued to non-existent company is unsustainable.[S. 147, Art. 226]
Abhishek Caplease Pvt. Ltd. v ITO (2024)461 ITR 261/ 161 taxmann.com 40 (Guj)(HC) Editorial : SLP rejected,ITO v. Abhishek Caplease Pvt. Ltd (2024] 298 Taxman 449 /461 ITR 263 (SC)S. 148 : Reassessment-Notice-Notice issued in the name of deceased-Not enforceable in law-legal heirs submitted proof of death of assessee-Notice is null and void. [S. 147, 292BB, Art.226]
Devendra (legal heir of Vasudeo Damduji Jambhulkar) v. Addl. Jt. CIT [2024] 461 ITR 463 (Bom)(HC)S. 148 : Reassessment-Notice-Dead Person-Notice in the name of deceased assessee-Intimation by the legal heir to the Assessing Officer informing the notice is dead-Second notice in the name of legal heir-Reassessment order in the name of deceased is not curable defects-Notice and order is quashed.[S. 147, 292B 292BB, Art. 226]
Pravinchandra A Shah v. UOI [2024] 461 ITR 307/[2023] 154 taxmann.com 616 (Guj)(HC)S. 148 : Reassessment- Notice- Amalgamation-Intimated to Assessing Officer-Notice issued to non-existent company is unsustainable- Special Leave Petition dismissed.[S. 147, Art.136]
ITO v. Abhishek Caplease Pvt. Ltd. (2024)461 ITR 263 /298 Taxman 449 (SC) Editor : Abhishek Caplease Pvt. Ltd v. ITO (2024) 461 ITR 261 (Guj)(HC)S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
FCB Interface Communications Pvt. Ltd. v. ACIT [2024] 461 ITR 406 (P&H)(HC)Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act , 2015 .
S. 10: Assessment – Non -Resident Indian living in Dubai – Serach – Undiclosed foreign asseets – Look Out Circular (LOC) – Mere fact that information sought through Foreign Tax and Tax Research from other jurisdictions such as UAE was still awaited could not be reason to keep LOC against assessee pending to curtail his fundamental rights and thus, LOC is quashed . [ ITAct , 132 , Art. 226 ]
Jayant Nanda v. UOI (2024) 298 Taxman 276/470 ITR 582 (Delhi)(HC)S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
FCB Interface Communications Pvt. Ltd. v. ACIT [2024] 461 ITR 406 (P&H)(HC)