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-Cash deposits-Information has been received through insight portal regarding cash deposits, interest receipts, purchase of debentures, etc-No tangible material placed by the AO to show that there was escapement of income from the payment of income-tax-Order and notice is quashed and set aside.[S. 148,148A(b), 148A(d) Art. 226]

Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 592 / 161 taxmann.com 584 (Cal) (HC) Editorial : Dinesh Kumar Goyal (HUF) v. ITO (2024) 337 CTR 595/ 235 DTR 316(Ca)(HC) is set aside; Shyam Sundar Dhanuka v UOI (APOT No. 187 of 2023, dt 30th Aug., 2023 (Cal)(HC)) distinguished

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Defects in the notice-Curable defects-The body of the annexure to the notice under S. 148A(b) there is a reference of some transaction relating to financial years 2017-18 and 2018-19 and that it is incurable defect and it cannot be cured is not sustainable-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art. 226]

Champa Impex (P) Ltd. v. UOI (2024) 337 CTR 365 (Cal) (HC) Editorial : Affirmed by division bench, Champa Impex (P.) Ltd. v. UOI (2024) 297 Taxman 336 /337 CTR 356 (Cal.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notices issued on or after 1-4-2021 relating to assessment years 2013-14 and 2014-15, under section 148 (old)-Treating the same as under newly inserted section 148A by Finance Act, 2021 which came into effect from 1-4-2021-Notice and all subsequent proceedings on the basis of said notices are not sustainable in law being barred by limitation as provisions of TOLA applied to pre-amended law as applicable till 31-3-2021. [S. 148, 148A(b), 148A(d), 149, Art. 226, Taxation and Other Laws (Relaxation and Amendment of certain Provisions) Act, 2020]

Arati Marketing (P.) Ltd v. UOI (2024) 337 CTR 137 / 159 taxmann.com 322 (Cal) (HC) Instyle Agencies (P) Ltd v. ITO (2024) 337 CTR 137 159 taxmann.com 322 (Cal) (HC)

S. 148 : Reassessment-Notice-Dead person-Notice issued to a dead person to reopen the assessment is null and void. [S. 147, Art. 226]

Meet Lalwani L/H of Late Mrs Amita Lalwani v. ITO (2024) 337 CTR 602 (MP)(HC)

S. 147 : Reassessment-With in four years-No new tangible material-Review of the assessment to rectify earlier error or omission-Notice and order disposing the objection is quashed. [S. 148, 263, Art. 226]

Kalinga Institute of Industrial Technology (KIT) v. ACIT(E) (2024) 337 CTR 108 (Orissa) (HC)

S. 147 : Reassessment-After the expiry of four years-Borrowed satisfaction-Accommodation entry-Information supplied by Investigation Wing-Bogus sales, purchases, fictitious loans etc-Notice and order disposing the objection is quashed. [S.68, 148, Art. 226]

Surani Steel Tubes Ltd. v.ITO (2022) 136 taxmann.com 139/ (2024) 337 CTR 84 (Guj) (HC)

S.147: Reassessment-After the expiry of four years-Depreciation-Subject matter of appeal-Third proviso-Reassessment notice and order disposing the objection is quashed. [S. 11,32, 148, Art, 226]

Shri Shanmukhananda Fine Arts & Sangeetha Sabha v. DY.DIT(E) (2024) 337 CTR 114 (Bom)(HC)

S. 143(3): Assessment-Losses under head capital gains-Pendency of appeal-Alternative remedy-Writ is not maintainable. [S. 45, 74, 246A, Art. 226]

Shapoorji Pallonji Solar Holdings (P) Ltd. v. ITO [2023] 152 taxmann.com 52 / (2024) 337 CTR 981 (Mad) (HC)

S. 143(3):Assessment-Reassessment-Death of assesseee-Legal representative-Defective appeal-Legal representatives must register themselves in the IT Portal by submitting the PAN of the deceased assessee along with their PAN as the legal representative of deceased assessee and produce a death certificate-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), 159, 221(1) 246A, Art. 226]

P.S. Subramanian v. ITO (2024) 337 CTR 984/ 160 taxmann.com 232 (Mad) (HC)

S. 132(3) : Search and seizure-Prohibitory order-Article-Liquor-Contention of Revenue that liquor cannot be included in the expression of valuable article is rejected-Order issued under section 132(3) is quashed on the ground that Revenue could have invoked section 132(1) of the Act. [S. 132, Art. 226]

Dilip Mehta v. PDIT(Inv) (2024) 337 CTR 342/ 300 Taxman 584 (MP)(HC)