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. 147 : Reassessment–After the expiry of four years– Different method of accounting-Capital gains–Computation-No failure to disclose material facts – Reassessment notice and order disposing the objection is not valid. [S. 45, 48, 112(1)(c)(ii), 143(3) 148, Art. 226]
Lehman Brothers Investments Pte. Ltd. v. ACIT (IT) (2023) 454 ITR 331 / 148 taxmann.com 236 / 293 Taxman 216/ 333 CTR 213 (Bom)( HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Lehman Brothers Investments Pte. Ltd. [2024] 461 ITR 360/ 297 Taxman 61(SC)
S. 147 : Reassessment–After the expiry of four years–Share premium – Share valuation –DCF Method – Report from Chartered Accountant – Issue was raised in the course of original assessment proceedings – Reassessment notice and order disposing the objection was quashed. [S. 147, 148, Art, 226]
Suminter Organic and Fair Trade Cottton Ginning Mill (P.) Ltd. v. Dy. CIT [2023] 150 taxmann.com 232 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Sale of shares -Capital gain–Another director has shown the income as salary– Reassessment is not justified. [S. 15, 45 148, Art. 226 ]
Deepak Marda v. ITO [2023] 150 taxmann.com 114 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years-Share dealing -No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed. [S. 45, 148, Art. 226]
Devkant Synthetics India (P.) Ltd. v. NFAC [2023] 149 taxmann.com 344 / 292 Taxman 218 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Advertisement and sales promotion -No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]
Asian Paints Ltd. v. ACIT [2023] 149 taxmann.com 183 (Bom)(HC)/Editorial: SLP of Revenue is dismissed, ACIT v. Asian Paints Ltd. (2024) 296 Taxman 74 (SC)
S. 147 : Reassessment–After the expiry of four years- Advertisement and sales promotion- Notice should specify material not disclosed -No failure to disclose material facts – Reassessment notice is bad in law. [S. 148, Art. 226]
Asian Paints Ltd. v. ACIT (2023) 451 ITR 45 / 221 DTR 457 / 330 CTR 560 / 148 taxmann.com 99 (Bom)(HC)
S. 147 : Reassessment – After the expiry of four years -Settlement amount paid to employees–Penalty -Information from Investigation Wing – No material available on record other than information from Investigation Wing to prove that payment made was penalty,- Reopening was quashed. [S. 37(1), 148, Art. 226 ]
Tata Consultancy Services Ltd. v. Dy CIT [2023] 152 taxmann.com 3 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Scientific research expenditure–No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 35(2AB), 148, 154, Art, 226]
Survival Technologies (P.) Ltd. v. DCIT [2023] 149 taxmann.com 453 (Bom)(HC)
S. 147 : Reassessment – After the expiry of four years – Sale and lease back -100 percent depreciation – No failure to disclose material facts – Reassessment notice and order disposing the objection was set aside. [S. 32, 148, Art. 226]
Milton Plastics Ltd. v. Mudit Nagpal [2023] 293 Taxman 357 /151 taxmann.com 24 (Bom)(HC)
S. 147 : Reassessment – After the expiry of four years – No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 28(i), 143(3), 148, Art. 226]
Vibrant Securities (P.) Ltd. v. ITO [2023] 455 ITR 58/ 150 taxmann.com 56/ 293 Taxman 115 (Bom)(HC)