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-Dissonance between input received from insight portal-Non application of mind-Order and notice were set aside. [S. 148, 148A(b), 148A(d), Art. 226]

Rahul Aggarwal v. ITO (2023) 293 Taxman 57 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Revenue had failed to furnish any (S. 148, 148A(b), 148A(d), Art. 226]

Vertex International (P.) Ltd. v. ACIT (2023) 149 taxmann.com 480 (Delhi)(HC) Editorial : SLP of the assessee is dismissed as withdrawn, Vertex International (P.) Ltd. v. ACIT (2023) 293 Taxman 72 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Purchase of arecanut (Supari)-Failure to give an opportunity of cross examination-Non existence of sellers-Formation of opinion by authority concerned under section 148A(d), could not be questioned on basis of detailed defence setup by assessee on merits of information, including opportunity of cross-examining seller or by demanding documents relating to such information-Writ petition is dismissed. [S. 69A, 143(1), 148, 148A(b), 148A(d), Art. 226]

Deepak Kumar Yadav v. PCIT (2023) 293 Taxman 694/(2024) 460 ITR 50 /336 CTR 393 (All.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-Resident Indian-Investment in shares-Automatic route of FDI-Violation of principle of natural justice-Matter was sent back to concerned officer from stage where he committed serious error in not complying with statutory requirements-Order passed under section 148A(d) was quashed and set-aside. [S. 56(2)(vii), 148, 148A(b), 148A(d), Art. 226]

Pawan Girishbhai Batavia v. ITO (2023) 293 Taxman 179/(2024) 469 ITR 576 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Civil construction-Objections were dealt with in a very mechanical manner-Order and notice were to be set aside and matter was to be remanded back to pass a fresh order in accordance with law after giving an opportunity of personal hearing.[S. 48, 148A(b), 148A(d), Art. 226]

Crescent EPC Projects and Technical Services Ltd. v. Dy. CIT (2023) 293 Taxman 462 (Telangana)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Capital gains-Search-Violation of principle of natural justice-Without giving a reasonable opportunity to file reply to show cause notice-Order passed under section 148A(d) and notice issued under section 148 were quashed. [S. 48, 148, 148A(b), 148A()d), Art. 226]

Inderpal Singh Sayan v. Assessment Unit ITD (2023) 293 Taxman 731/(2024)462 ITR 220 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Survey-Charitable purposes-Prima facie amended section 149 might not be applicable-Matter required examination-Matter to be listed on 22-11-2023-Stay was granted for continuation of reassessment proceedings, till further directions of court. [S. 148, 148A(b), 148A(d), 149, Art. 226]

Centre For Policy Research v. Dy. CIT (2023) 293 Taxman 632 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Educational institution-Deemed university-Order passed under section 148A(d) and consequential notices were quashed. [S. 10(23C)(iiiab), 139(4C), 148, 148A(b), 148A(d), Art. 226]

Avinashilingam Institute for Home Science and Higher Education for Women v. ACIT (E) (2023) 458 ITR 491/ 293 Taxman 195 (Mad.)(HC)

S. 147 : Reassessment-Special category states-Assessing Officer applied his mind-Proceeding to reopen assessment was actuated merely by a change of opinion and, hence, impugned notice was set aside-Time limit to issue of notice-Notice is not barred by limitation-Sanction obtained satisfaction of Additional Commissioner, an authority who is not covered by provision of section 151(1), as it stood on 1-1-2019, proceeding initiated against assessee-company by issuance of notice under section 148 was held to be not in accordance with law.[S. 80IC, 148, 149, 151 (1), Art. 226]

Dhansri Roller Flour Mills v. UOI (2023) 293 Taxman 716 /335 CTR 328 /(2024) 460 ITR 326(Gauhati)(HC)/Editorial : SLP of Revenue is dismissed on account of gross delay of 294 days . Revenue could not explain the delay satisfactorily , UOI v. Dhansri Roller Flour Mills (2024) 300 Taxman 106 (SC)

S. 147 : Reassessment-With in four years-Change of opinion-Deductions on actual payment-Outstanding Rural Development (RD) cess amount as a liability in balance sheet-Rectification proceeding was dropped-All material facts were disclosed before Assessing Officer at time of original assessment-Affirming the order of the Tribunal the Court held that the reassessment is bad in law. [S. 43B, 143(3), 148, 154]

Mallikarjuna Rice Industries v. ITO (2023)458 ITR 566/ 293 Taxman 400 (Telangana) (HC)