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 issued to a dead person is null and void-Notices and consequential order were quashed. [S. 148, 148A(b), 148A(d), 159, Art. 226]

Neena Jatin Shah v. ITO [2025] 179 taxmann.com 498 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Approved resolution plan under IBC-Reassessment proceedings initiated for AY 2020-21, which did not form part of the approved resolution plan, were to be quashed.[S. 148, 148A(b), 148A(d), The Insolvency and Bankruptcy Code, 2016, S.31, 238, Art. 226]

V Hotels Ltd. v. DCIT [2025] 177 taxmann.com 507 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Approval of resolution plan under IBC-The notice issued under Section 148, both dated 30-6-2025, as well as consequential orders/notices, were quashed and set aside. [S.148, 148A(b), 148A(d), The Insolvency and Bankruptcy Code, 2016, S.31, 238, Art. 226]

Swan Defence and Heavy Industries Ltd. v. ACIT [2025] 177 taxmann.com 467 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Broken period interest on purchase of HTM securities-Pendency before the Supreme Court-Reassessment notice and consequential orders were quashed.[S.37(1), 148A(b), 148A(d), Art. 226]

Bank of India v. ACIT [2025] 170 taxmann.com 422 (Bom)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Agricultural land-Land beyond 8 km from municipality-Not a capital asset-Reopening without verification is invalid.[S. 2(14)(iii), 148, 148A(b), 148A(d), Art. 226]

Hrishikesh v. PCIT [2025] 175 taxmann.com 1062 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition-Failure to respond to notice under section 148A-Extraordinary jurisdiction not to be exercised. [S. 148, 148A(b), 148A(d), Art. 226]

Akash Jagdish Issrani v. ITO [2025] 172 taxmann.com 535 (Bom) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-existent entity-Company had amalgamated with assessee-company with effect from 1-4-2005 and the Assessing Officer was duly informed; notice under section 148 issued against amalgamated non-existent entity was without jurisdiction and assessment was non-est. [S. 147, 148, 148A(b), 226]

Thermax Ltd. v. NFAC [2025] 170 taxmann.com 249 (Bom.)(HC)

S. 148: Reassessment-Notice-Notice issued in the name of a non-existent company after conversion into an LLP-Notice and reassessment proceedings void ab initio.[S. 68, 147, Limited Liability Partnership Act, 2008, S.58(1),Art. 226]

Erangal Comtrade and Consultancy LLP v. ACIT [2025] 180 taxmann.com 449 (Bom)(HC)

S. 148 : Reassessment-Notice-Challenge to notice-Petition filed at a belated stage after seven months-Interim relief refused.[S. 143(3), 147, Art. 226]

Sarita Venkat Anthati v. ITO [2025] 173 taxmann.com 214 (Bom) (HC)

S. 148 : Reassessment-Service of notice-Change of address not intimated-Notice quashed on peculiar facts.[S. 148A(b), 148A(d), Art. 226]

Srimani Basu v. ITO [2025] 171 taxmann.com 548 (Bom) (HC)