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. 151 : Reassessment-Sanction for issue of notice-Sanction of CIT instead of A/JCIT-Notice is bad in law. [S.147 148, 151(2)]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 148 : Reassessment-Notice —Information from other ITO-Income from undisclosed sources-Bogus purchases-Assessing Officer not pointing out any defect in maintenance of books of account-Reassessment notice is not valid .[S. 147]

R. K. Machine Tools Ltd. v. ITO (2023) 105 ITR 73 /(2024) 228 TTJ 873 / 236 DTR 209 (Delhi)(Trib)

S. 148 : Reassessment-Notice-Reassessment proceedings taken prior to expiry of assessment year void ab initio.[S. 139(1), 139(4), 142(1)]

Uttrakhand Poorv Sainik Kalyan Nigam Ltd. v. ITO (2023)105 ITR 435 / 224 TTJ 633(Dehradun) (Trib)

S. 148 : Reassessment-Notice-Dissolution of Company-Name of the company had been struck off from Register of Companies-Not intimidated to Assessing Officer-Notice is valid-Sanction-Reassessment for the assessmentyear 2003-04 is quashed as the Commissioner had granted approval instead of the Additional Commissioner or Joint Commissioner as prescribed under the law-Quantum of addition-Matter remanded. [S. 69, 147,151]

Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 147: Reassessment-International transaction-Case transferred to transfer pricing officer-Verification of records-Held, reopening of assessment bad in law. [S. 143(3),148]

SAI Shipping Co. P. Ltd. v. ITO (2023)103 ITR 677 (Mum) (Trib)

S. 147 : Reassessment-Change of opinion-Original assessment made on scrutiny-no tangible material coming into possession of AO for formation of belief that income had escaped assessment, Reassessment on materials is impermissible. [S. 143(3), 148]

Sasi Enterprises v. Dy. CIT (2023)105 ITR 29 (SN)(Chennai) (Trib)

S. 147: Reassessment-Change of opinion-Initiated basis perusal of case records itself is a clear case of change of opinion and is liable to be quashed. [S. 148]

Glen Propbuild Pvt. Ltd. v. DCIT (2023) 103 ITR 71 (Trib) (SN)(Delhi)(Trib)

S. 147 : Reassessment-Loose slip-Information received from Central Bureau of Investigation (CBI)-Affidavit-Assessment completed without verification of books of accounts as the same were impounded by CBI was in violation of natural justice-Matter remanded back to AO.[S. 148,ITATR.29]

Gold Star Pharmaceutical Pvt. Ltd. v. ITO (2023) 202 ITD 388/ 104 ITR 630 (Amritsar)(Trib)

S. 147 : Reassessment-No fresh material with-Opinion based on incorrect basis-Proceeding on the basis of conjectures-Reassessment is without jurisdiction. [S. 148]

Milind Madhukar Edke v. ITO (2023)101 ITR 88 (SN) (Pune) (Trib)

S. 147 : Reassessment-Best Judgement assessment-No addition is made on the basis of recorded reason-Reassessment is bad in law-Levy of penalty is not valid .[S. 144, 148,271 (1)(c)]

Babita Devi Kajoria v. ITO (2023) 147 taxmann.com 317/101 ITR 17 (SN)(Kol) (Trib)