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-Within four years-Reasons based on erroneous and incorrect facts-Non application of mind-Notice was quashed. [S. 143(1), 148, 151 Art. 226]

Dhiren Anantraj Modi v. ITO (The Chamber’s Journal-January-P. 73 (Bom.)(HC)

S. 147 : Reassessment-Within four years-Change of opinion-Long term Capital gains-Applicability of Rate of tax at 10% or 20%-Examined in the original assessment proceedings-Reassessment is bad in law. [S. 48, 112, 148, Art. 226]

Conopco Inc v. UOI (2022) ( 2022 ) 285 Taxman 472/ 215 DTR 283/ 329 CTR 773 /BCAJ-January-P. 47 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Recorded reasons must indicate the manner in which the Assessing Officer has come to the conclusion that income chargeable to tax has escaped assessment-Reason recorded cannot be substituted-Reassessment Notice was quashed. [S. 148, Art. 226]

Peninsula Land Ltd. v. ACIT (2021) 439 ITR 582 / (2022) 134 taxmann.com 33 / 284 Taxman 556 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Advertisement and marketing expenditure-Change of opinion-Reassessment notice was quashed. [S. 37(1), 148, Art. 226]

Rich Feel Health and Beauty (P.) Ltd. v. ITO (2021) 132 taxmann.com 228 (2022) 284 Taxman 286 (Bom.)(HC)

S. 144B : Faceless Assessment-Order passed without show cause and draft assessment order-Order was quashed. [S. 143(3), 144B(xi)(b), Art. 226]

Trendsutra Client Services (P.) Ltd. v. NEAC (2021) 283 Taxman 558 / ( 2022) 19 ITR -OL 203 (Bom.)(HC)/Editorial: ACIT v. Trendsutra Client Services P. Ltd. (2023)453 ITR 219 (SC) , SLP of the Revenue dismissed , with the liberty to the Revenue to proceed in accordance with law .

S. 144B : Faceless Assessment-Order passed without considering the reply-Incorrect affidavit by the Assessing Officer-Show cause notice was issued for perjury proceedings-Cost of Rs 10000 was imposed payable to PM Cares Fund-Order was set aside. [Art. 226]

Mateen Pyarali Dholakia v. UOI (2021) The Chamber’s Journal-October-P. 105 (Bom.)(HC)

S. 144B : Faceless Assessment-Order passed without providing the draft assessment order-Order was quashed-Directed the revenue to prepare draft assessment order as prescribed by law. [Art. 226]

Bhavi Homes Pvt. Ltd. v. NFAC (2021) The Chamber’s Journal-December-P. 165 (Bom.)(HC)

S. 144B : Faceless Assessment-Personal hearing was not granted-Violation of principle of natural justice-Assessment order was quashed-Directed to grant an opportunity of hearing by way of Video Conferencing. [S. 144B(7), 144B(9), Art. 226]

KRS Home Developers (P) Ltd. v. NFAC (2021) 283 Taxman 413 (Delhi)(HC)

S. 143(3) : Assessment-Show cause notice is mandatory-Assessing Officer is expected to crystalise the issues and issue a show cause notice setting out the issues and solicit the response of the assessee-Assessment order was set aside. [Art. 226]

Eshakti.com Pvt. Ltd. v. ACIT (2021) The Chamber’s Journal-July-P. 153 (Mad.)(HC)

S. 139 : Return of income-Revised return-Permitted to file revised return in an electronic mode once the direction of the NCLT was communicated. [Art. 226]

Deep Industries Ltd. v. DCIT (2021) The Chamber’s Journal-December-P. 63 (Guj.)(HC)