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-Reopening by issuing notice under Section 148 but no notice under Section 143(2)-Reassessment is bad in law. [S. 143(2), 292BB]

DCIT v. Board of Cricket Control in India (2021) 212 TTJ 937/ 205 DTR 257 (Mum.)(Trib.)

S. 147 : Reassessment-Absence of information or material prior to recording of reasons-Reassessment proceedings are quashed and set aside. [S. 45, 50C, 148]

Dhoot Stono Crafts Private Ltd. v. ACIT (2021) 212 TTJ 409 (Jaipur) (Trib.)

S. 147 : Reassessment-Initial year was AY 2010-11 wherein AO after detailed verification allowed the deduction-Subsequent year i.e. AY 2013-14 also deduction was allowed-Reopening is nothing but change of opinion and hence quashed. [S. 80IB(11C), 148]

Ramya Hospitals v. ITO (2021) 62 CCH 29 / 211 TTJ 36 (UO) (Vishakha)(Trib.)

S. 147 : Reassessment-Reason for reopening assessment did not survive-No addition can be made on other issues. [S. 45, 148]

Gel Infrastructure Pvt. Ltd. v. ITO (2021) 89 ITR 44 (SN) (Hyd.) (Trib.)

S. 147 : Reassessment-Order passed without disposing objections-Entire assessment proceedings vitiated. [S. 143(3), 148]

Chand Singh v. Dy. CIT (2021) 89 ITR 57 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Cash deposited and property purchased-Notice of reassessment was held to be valid-Matter remanded to examine the cash deposited, after giving an opportunity of being heard. [S. 143(1), 147, R. 46A]

Amita Yadav (MS.) v. ITO (2021) 89 ITR 24 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Information from Investigation wing-Notice on the basis of incorrect and non-existing reason-Non application of mind-Reassessment is not valid. [S. 68, 131, 147(b), 148]

Bishan Sharup Gupta v. ITO (2021) 89 ITR 43 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-No allegation in the reasons recorded of any omission or failure on the part of the assessee in disclosing fully and truly all material facts necessary of assessment-Notice is void-ab-initio. [S. 148]

Bharti Cellular Ltd. v. DCIT (2021) 211 TTJ 760 / 201 DTR 281 (Delhi)(Trib.)

S. 145 : Method of accounting-Completed contract method-Accepted in earlier years-Method cannot be substituted by the percentage competition method

Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 144 : Best judgment assessment-Estimation of gross profit-Sluggish economic conditions-CIT(A) accepting the gross profit declared by the assessee-No business could have a minimum threshold gross profit every year just to satisfy the whims of the Assessing Officer-Held to be proper. [S. 145(3)]

ACIT v. Shiv Edibles Ltd. (2021) 89 ITR 58 (SN) (Jaipur)(Trib.)