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-Change of opinion-Long-term capital gains-Reassessment notice was quashed. [S. 54, 147, 148, 148A(d), Art. 226]

Kamlesh Keswani v. ACIT (2023) 451 ITR 153 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order for the issue of notice based on the vague report of Deputy Director (Investigation)-Potential cash borrowings-Reassessment proceedings were quashed-Assessing Officer not following the direction of Court has indirectly interfered exposed with the administration of justice thereby exposing himself to proceedings under the Contempt of Courts Act 1971. [S. 148A(b), 148A(d), Contempt Of Courts Act, 1971, Art. 226]

Girdhar Gopal Dalmia v. UOI (NO. 2) (2023) 451 ITR 320 /333 CTR 388/150 taxmann.com 54 (Cal.)(HC) Editorial : Decision of single judge in Girdhar Gopal Dalmia v UOI (NO.) (2023)451 ITR 318 /333 CTR 387 (Cal)(HC), reversed.SLP of Revenue is dismissed as failure to explain delay of 399 days , PCIT v. Girdhar Gopal Dalmia (2024) 299 Taxman 362 / 464 ITR 393 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Right of personal hearing-Mandatory-CBDT circular is binding on the Department-Order was set aside. [S. 148, Art, 226]

Beboy Joseph John v. ACIT (2023)451 ITR 447 (Mad.)(HC)

S. 148 : Reassessment-Notice-Assessment-Company struck off Register and restoration of registration subsequently-Company deemed to be in existence even during the period when it was struck off Register-Petition being not bonafide, the petitioner was directed to deposit the Cost of Rs.50000 with the Delhi High Court Legal Services committee. [S. 143(3), Companies Act, 2013, S. 252(3), 248]

Ravinder Kumar Aggarwal v. ITO (2023) 451 ITR 100 (Delhi)(HC)

S. 148 : Reassessment-Notice-Merger-Amalgamation-Notice Issued against non-existent entity-Notice void ab initio and unsustainable. [A. 147, Art. 226]

Mehsana Urban Co-Op Bank Ltd. v. ACIT (2023)451 ITR 514 /292 Taxman 187 (Guj.)(HC)

S. 147 : Reassessment-Within four years-Intangible assets-Depreciation-No new information-Reassessment notice was quashed. [S. 32, 35BB, 148, Art. 226]

Clear Media (India) Pvt. Ltd. v. Dy. CIT (2023)451 ITR 36 (Bom.) (HC)

S. 147 : Reassessment-After the expiry of four years-Amalgamation-Notice of reassessment issued in name of amalgamating company instead of a new company-Reassessment notice and order disposing of the objection was quashed. [S. 148, Art. 226]

Shahlon Silk Industries P. Ltd. v. ACIT (2023) 451 ITR 184 / 223 DTR 253 / 330 CTR 549 / 292 Taxman 18(Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Borrowed satisfaction-Communication from Kolkota-Notice and the disposing objection was quashed [S. 40(a)(ia), 115JAA, 148 Art, 226]

Nila Infrastructures Ltd. v. ACIT (2023) 451 ITR 283 (Guj.)(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-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)