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 – After three years from the end of relevant assessment year – Service of notice without the signature of Assessing Officer digitally or manually-Notice invalid – Order and notice was quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 14, 226]

Prakash Krishnavtar Bhardwaj v. ITO (2023) 451 ITR 27 / 331 CTR 64 / 150 taxmann.com 60 / 293 Taxman 132 (Bom)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Notice issued in name of deceased assessee- Notice and order quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Prakash Tatoba Toraskar v. ITO (2023) 452 ITR 59 / 151 taxmann.com 366 (Bom.)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessee must be furnished material on the basis of which initial notice was issued- Notice was quashed. [S. 69C, 148, 148A(b), 148A(d), Art. 226]

Anurag Gupta v. ITO [2023] 150 taxmann.com 99 / 454 ITR 326 / 332 CTR 811 (Bom)(HC)

S. 148 : Reassessment-Notice-Two Permanent Account Numbers —Earlier Permanent Account Number was abended – Notices issued in earlier Permanent Account Number not responded – [ 144, 147, 148, 156, 271B, 271F, 274, Art. 226]

Bhavna Steel v. ITO [2023] 152 taxmann.com 218 / 454 ITR 670/ 335 CTR 1074 (Bom)(HC)

S. 148 : Reassessment –Notice – Recorded reason was not provided – Order of assessment is bad in law-Faceless Assessment Scheme who shall proceed in the matter after providing to the Petitioner the reasons recorded for reopening. The proceedings be completed preferably within a period of three months from today. [S. 144B, 147, Art. 226]

Rajesh Poddar v. ITO ( 2023] 152 taxmann.com 98 (Bom)(HC)

S. 148 : Reassessment–Notice–Search and Seizure–Third party premises-Satisfaction note-Failure to furnish documents- Assessment order quashed and set aside – Matter was remanded back for adjudication afresh. [S. 131, 132, 147, 151, Art. 14, 226]

Sahebrao Deshmukh Co-op. Bank Ltd. v. ACIT [2023] 149 taxmann.com 248 / 292 Taxman 258 / 455 ITR 92 (Bom)(HC)

S. 148 : Reassessment –Notice – Amalgamation- Company ceased to exist- Succession to business otherwise than on death -Non existing company – Amalgamation – PAN in name of non -Existent company remained active – Notice issued was quashed. [S. 148, 170, Art. 226]

CLSA India (P.) Ltd. v. DCIT [2023] 149 taxmann.com 380 (Bom)(HC)

S. 148 : Reassessment–Notice–Amalgamation- Company ceased to exist- Estoppel against law- Reassessment notice and order was quashed. [S. 148(A))(b), 148A(d), Art. 226]

Pico Capital (P.) Ltd. v. DCIT [2023] 150 taxmann.com 488 / 293 Taxman 347/ (2024) 460 ITR 508 (Bom)(HC)

S. 148 : Reassessment–Notice-Dead person-Issuing a notice to a correct person is not merely a procedural requirement but a condition precedent for a notice to be valid in law – Order null and void. [S. 148A(b) 148A(d)), Art. 226]

Dhirendra Bhupendra Sanghvi v. ACIT [2023]458 ITR 326 / 294 Taxman 13 / 151 taxmann.com 541 (Bom.)(HC)

S. 148 : Reassessment–Notice-Un-explained investment -Wrongly stating that return was filed in terms of section 119(2)(b)- Exparte order making addition as income from undisclosed sources – Order was set aside – Directed to treat the return filed in terms of section 148 of the Act. [S. 69, 119(2)(b), 144, 147, 292B, Art. 226]

Shahana Nayak v. ITO [2023] 151 taxmann.com 482 (Bom)(HC)