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. 148 : Reassessment-Notice-Jurisdiction assumed on issue of notice not on its service-Order is valid-Address shown on Permanent Account Number database at relevant time mentioned in memorandum of appeal and even replies furnished during appellate proceedings-No satisfactory explanation for claim that notice was sent to wrong address. [S. 147, 149, R. 127]

ACIT v. Kamlesh Kumar Sahu (2022) 96 ITR 53 (SN) (Jabalpur) (Trib)

S. 148 : Reassessment-Notice-Reason should be based on tangible material-Sanction for notice accorded mechanically-Notice was not valid. [S. 147, 151]

Lakhmi Chand Tejoo Mal v. ACIT (2022)96 ITR 612 (Delhi) (Trib)

S. 148 : Reassessment-Notice–Death of assessee-Department was not informed of death of assessee even though notice was received by family members-Assessment order not invalid on ground of notice had been served on deceased-No return filed–Failure to issue notice under Section 143(2) does not render reassessment proceedings invalid-Substantial cash deposited in Bank Account of assessee-Sufficient for formation of belief-Addition is confirmed. [S. 68, 143(2), 147]

Ashoksinh Indrasinh Kumpavat v. ITO (2022) 99 ITR 19 (SMC) (SN.)(Ahd) (Trib)

S. 148 : Reassessment-Notice-Proceedings for rectification of mistake dropped after considering reply-Reassessment proceedings cannot be held to be invalid. [S. 147, 154]

Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)

S. 148 : Reassessment-Notice-Minor-Form No 26AS-No reasons were recorded by the Assessing Officer Ward 6(3), who has issued the notice-Notice was not issued by the Jurisdictional officer-Objection was not raised in the course of assessment proceedings-After participating in the assessment proceedings and completion of assessment the jurisdictional issue cannot be raised-Non application of mind by the sanctioning Authority-Reassessment was quashed. [S. 4, 5, 64(IA), 124(3), 133(6), 147, 151, Contract Act, 1872, S. 11]

Apoorva Sharma v. ITO (2022) 218 TTJ 959/ 216 DTR 300 (Jaipur)(Trib)

S. 148 : Reassessment-Notice-Time limit for issuance of notice u/s 143(2) has not expired-Reassessment notice is bad in law [S. 143(2), 147]

Rupal Bhupendrasingh Sandhu v. ITO (2022) 219 TTJ 12 (UO) (Ahd)((Trib)

S. 148: Reassessment-Notice-Non filing of ITR-Agriculturist-Deposits of cash in assessee’s bank-Deposit in nature of exchange of agricultural land-Order passed by Assessing Officer without reason to believe and proper verification-Recorded statements not supplied to assessee-Additions made on suspicion-Additions deleted-Reassessment quashed. [S. 147]

Jagsir Singh v. ITO (2022) 98 ITR 499 (Amritsar) (Trib) Sukhraj Singh v. ITO (2022) 98 ITR 499 (Amritsar) (Trib)

S. 148: Reassessment-Notice-Reason to be formed before Issue of notice-Reassessment not valid. [S. 50C, 147]

Dhoot Stono Crafts P. Ltd. v. ACIT (2022)98 ITR 249 (Jaipur) (Trib)

S. 147 : Reassessment-Bogus purchase-Reopening based on investigation of CBI held valid-Non-filer and did not provide for details to substantiate the transactions-. Addition to the extent of 12.50% was held to be justifiable. [S. 68, 69C, 148, 143(3)]

Opel Paper Mills Ltd. v. DCIT (2022) 219 TTJ 121 / 217 DTR 1(Mum)((Trib)

S. 147 : Reassessment-Penny stock-Report of investigation wing-Reasons recorded were generic and based on borrowed satisfaction of investigation wing-No live nexus between tangible material and reason recorded-Reopening was based on mere suspicion-Reassessment is bad in law [S. 10(38), 45, 68, 148]

Nishant Kantilal Patel v. ITO (2022) 217 TTJ 895 / 214 DTR 209 (Surat)(Trib)