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 in the name of dead person-High Court by an order disposed of writ petition reserving all contentions to be taken by legal heirs of assessee before Assessing Officer except contention that initial notice under section 148A(b) was issued to a dead person-Order of High Court is modified and the AO is directed to consider all legal arguments including defect notice issued in the name of dead person. [S. 148A(b), 148A(d), Art. 136]
Ghanyashyam Anil Dhanani v. ITO (2025) 342 CTR 232 / 245 DTR 35 /302 Taxman 411 (SC) Editorial : Ghanyashyam Anil Dhanani v. ITO (2024) 169 taxmmann.com 326 (Bom)(HC)
S.148:Reassessment—Deceased-Insolvency proceedings— Once the assets were taken over by the Official Assignee and the assessee was declared as an insolvent, the respondents can very well approach the Official Assignee for seeking their remedy—It is upto the Official Assignee to consider the claims and distribute the proceeds in accordance with law. [S. 147,152(2), 226(3), 263, Art. 226]
A. Sai Siva Jyothi v. PCIT [2024] 169 taxmann.com 19/(2025) 342 CTR 114 / 245 DTR 82 (Mad)(HC)
S. 147 : Reassessment-Commission-Non-Resident-Commission paid to services rendered out side India-Commission for the services rendered outside India, were not chargeable and consequently, the returns were accepted— The contention of the Department that they sought to invoke the proceedings to rectify the mistake, has no merit-Writ petition is allowed. [S. 9(1)(i), 143(3), 148, 195, Art. 226]
Sumati Exports v. UOI (2025) 170 taxmann.com 125 / 342 CTR 492 / 245 DTR 385 (Raj)(HC)
S. 147 : Reassessment-With in four years-No new tangible material-Review is not possible-Reassessment notice and order disposing the objection is quashed. [S. 13(1)(d)(iia), 115BBC, 143(3), 148, Art. 226]
Shri Saibaba Sansthan Trust (Shirdi) v. UOI [2024] 169 taxmann.com 671 (/(2025) 342 CTR 465 / 245 DTR 217 (Bom)(HC)
S. 147 : Reassessment-Income of any other person-Search-Penny stock-Capital gains-Shell companies-Cash credits-Non obstante clause-Information from Investigation Wing and also in the course of search-Reassessment is valid-Matter remanded to the Tribunal to decide other grounds. [S.68,132, 132A, 148,153A, 153C, 260A]
PCIT v. Naveen Kumar Gupta [2024] 168 taxmann.com 574 /(2025) 342 CTR 263 / 245 DTR 89 (Delhi)(HC)
S. 143(3): Assessment-Jurisdiction of AO-Best judgement-Order passed without complying the provision of section 127 is quashed and set aside. [S. 120, 127, 144,260A, Art. 226]
Deluxe Enterprises v. ITO (2025) 342 CTR 618 / 246 DTR 25 / 303 Taxman 366 (HP)(HC)
S. 132(8) : Search and seizure-Retention of the books of account and other documents-Authorities are directed to return the books of accounts and other documents forthwith.[S. 132,132(9B), Art. 226]
Virendra Amrutlal Patel v. ACIT [2024] 168 taxmann.com 143 / (2025) 342 CTR 221 / 245 DTR 23 (Guj)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Return—Condonation of delay—Genuine hardship—Audit report was made available on 9th Sept., 2019 i.e., 5 months prior to the COVID outbreak— No reasonable cause-Rejection of application is up held-Writ petition is dismissed. [S. 119(2)(b), 139, 234F, Art. 226]
S208 Kanjanaickenpatty Primary Agricultural Cooperative Credit Society Ltd. v. Chief CIT (2025) 342 CTR 335 / 245 DTR 144 (Mad)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Charitable trust—Accumulation of income—Belated filing of Form No. 9A—Genuine hard ship-Substantial justice-Delay is condoned. [S. 11, 119(2)(b), Form No 9A, Form No. 10,R. 17(1), Art. 226]
Nav Chetna Charitable Trust v. CIT (E) [2024] 169 taxmann.com 543/(2025) 342 CTR 121 (Bom)(HC)
S. 80IC : Special category States-Availed deduction under section 80-IC for a period of 5 years at rate of 100 per cent,-Entitled to deduction on substantial expansion for remaining 5 assessment years at rate of 25 per cent (or 30 per cent where assessee is a company)-Not at rate of 100 per cent-Review petition is dismissed on account of 412 days in filing the review petition and also on merits. [S.80IC, Art. 136]
Lyon D.C. v.PCIT (2025) 342 CTR 359 / 245 DTR 38 / 172 taxmann.com 88 (SC) Editorial : CIT v. Classic Binding Industries (2018) 257 Taxman 324 / 407 ITR 429 / 304 CTR 225/ 169 DTR 185 (SC)