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 – Service of notice – Primary email id – Notice issued on the secondary notice – Failure to participate in the proceedings – Service of the notice is not valid – Reassessment was quashed. [S. 144, 144B, 147, 282, Rule 127, Art. 226]
Lok Developers Registered Partnership Firm v. Dy. CIT (2023) 455 ITR 399 / 149 taxmann.com 93 (Bom)(HC)
S. 147 : Reassessment –With in four years- Advance – Change of opinion – Notice and order disposing the objection was quashed. [S. 69A 148, Art. 226]
D.K. Realty India (P.) Ltd. v. ACIT [2023] 148 taxmann.com 468 / 292 Taxman 328 (Bom)(HC)
S. 147 : Reassessment–With in four years- Accommodation entries – Shell company – Deposit demonetized cash- Sales Borrowed satisfaction – Not independently applied the mind- Reassessment notice and order disposing the objection was quashed. [S. 69A, 143(1), 148, Art. 226]
B.U. Bhandari Autolines (P.) Ltd. v. ACIT [2023] 456 ITR 56/ 292 Taxman 195/ 331 CTR 240 (Bom)(HC)
S. 147 : Reassessment – With in four years – No tangible material – Business expenditure -Compensation- Provision for compensation – Pending for settlement – Reassessment is held to be bad in law. [S. 37(1), 145, 148, Art. 226]
PCIT v. NESCO Ltd. [2023] 291 Taxman 286 (Bom)(HC)
S. 147 : Reassessment–With in four years- Depreciation–Change of opinion –Depreciation–License fee–No new information– Reassessment notice and order disposing the objection was quashed. [S. 32, 35AAB, 148, Art. 226]
Clear Media (India) (P.) Ltd. v. DCIT [2023] 150 taxmann.com 52 / 293 Taxman 108 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years- Co-operative Society-Deduction allowed- Change of opinion–Reassessment notice and order disposing the objection was quashed. [S. 80P(2)(1), 80P(2)(d), 148, 226]
Mumbai Postal Employees Co-operative Credit Society Ltd. v. ITO [2023] 149 taxmann.com 94 / 292 Taxman 492 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Co-operative societies – Reopening of assessment being a mere change of opinion was not justified–Reassessment notice and order disposing the objection was quashed. [S. 80P, 148, Art. 226]
Tahnee Heights CHS Ltd. v. ITO [2023] 458 ITR 585 /147 taxmann.com 335 / 292 Taxman 315 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years- Infrastructure Development-Audit objection -No failure to disclose material facts–Notice of reassessment based on Audit objection–Reassessment notice and order disposing of the objection was quashed. [S. 80IA(4), 115JB, 148, Art. 226]
Saurashtra Infra and Power Pvt. Ltd. v. Dy. CIT (2023) 451 ITR 51 / 149 taxmann.com 388 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Interest on funds collected–Issue pending before the Commissioner (Appeals)- Reassessment notice and order disposing the objection was quashed. [S. 80IA, 148, 250, Art. 226]
Nuclear Power Corporation of India Ltd. v. DCIT [2023] 151 taxmann.com 537 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Set-off of long term capital loss against long term capital gain – No failure to disclose material facts–No power of review – Reassessment notice and order disposing the objection was quashed. [S. 74, 143(3), 148, Art. 226]
Noshir Darabshaw Talati v. ACIT [2023] 150 taxmann.com 16 (Bom)(HC)