S. 148 : Reassessment-Notice -Dead person-Department had knowledge of demise of assessee -Not bind legal representative- Notice and order quashed.[S.147, 148A(b), 148A(d), Art. 226]
Amjad Ahmed Shaikh v. ITO (2025) 304 Taxman 377 (Bom.)(HC)S. 148 : Reassessment-Notice -Dead person-Department had knowledge of demise of assessee -Not bind legal representative- Notice and order quashed.[S.147, 148A(b), 148A(d), Art. 226]
Amjad Ahmed Shaikh v. ITO (2025) 304 Taxman 377 (Bom.)(HC)S. 148 : Reassessment -Amalgamation-Notice issued to non-existent company- Order is non-est and void- SLP of revenue dismissed. [S. 147, Art. 136]
Dy. CIT v. Sterlite Technologies Ltd. (2025) 304 Taxman 345 (SC) Editorial : Sterlite Technologies Ltd v.Dy.CIT (2023) 152 taxxmann.com 381/ (2024) 462 ITR 457 (Bom)(HC)S. 147 : Reassessment -With in four years- Cash credits-Cash deposits-Demonetisation-Re assessment notice was held to be justified-Writ petition was dismissed. [S. 68, 148, Art. 226]
Osstem Implant India (P.) Ltd. v. Dy. CIT (2025) 304 Taxman 686 (Bom.)(HC)S. 147 : Reassessment -Cash credits-Reason to believe-Suspicious Transaction Report (STR) -Burden of proof-Tribunal could not have applied the principle enunciated by court in criminal case to discharge of burden of proof beyond reasonable doubt-Order of Tribunal set aside. [S. 68, 148, 260A]
PCIT v. East Delhi Leasing (P.) Ltd. (2025) 304 Taxman 705 (Delhi)(HC)S.147: Reassessment-After the expiry of four years-Sale promotion expenses incurred on doctor -Since there was no failure on part of assessee to disclose fully and truly all material facts necessary for assessment, reopening notice was quashed.[S. 143(3), 148, Art. 226]
GlaxoSmithKline Pharmaceuticals Ltd. v. ACIT (2025) 304 Taxman 350 (Bom.)(HC)S.147: Reassessment-After the expiry of four years- Faceless Assessment Standard Operating Procedure -Natural justice-No fresh tangible material-Reassessment notice and order disposing the objection was quashed-Cash credits [S. 68, 144, 144B(6)(xi), 148, Art. 226]
Madhuri Sameer Gokhale v. NFAC (2025) 304 Taxman 359 (Bom.)(HC)S.147: Reassessment-After the expiry of four years- Transfer pricing-Arms’ length price-Avoidance of tax-International transaction-Gurantee fees- Pending before Tribunal- Court held that the Assessing Officer was debarred from initiating reassessment proceedings on that very issue -Re assessment notice and order disposing the objection was quashed. [S.92C, 143(3), 148, Art. 226]
Tata Communications Ltd. v. Dy. CIT (2025) 304 Taxman 476 (Bom)(HC)S.147: Reassessment-After the expiry of four years- Business expenditure -Premium paid on securities-The Assessing Officer had not disclosed which material facts, according to him, were not fully and truly disclosed by assessee for relevant assessment year. Accordingly the notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]
Concentrix Services India (P.) Ltd. v. Dy. CIT (2025) 304 Taxman 211 (Bom.)(HC)S. 147 : Reassessment-After the expiry of four years-Business expenditure-Promotional articles distributed to doctors for promotion-Change of opinion-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]
Pfizer Ltd. v. Dy. CIT (2025) 304 Taxman 455 (Bom.)(HC)S.147: Reassessment-After the expiry of four years-Business loss-Stock broking-Change of opinion-High Court quashed the reassessment notice and order disposing the objection. [S. 28(i), 148, Art. 226]
Emkay Global Financial Services Ltd v.ACIT (2024) 465 ITR 763 / 160 taxmann.com 275 (Bom)(HC) Editorial : SLP of revenue dimissed, ACIT v. Emkay Global Financial Services Ltd. (2025) 304 Taxman 185 / 482 ITR 286 (SC)