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-Natural justice-Failure to grant minimum seven days of time to file reply to notice-Notice for reopening of assessment set aside-Matter remanded to assessing officer. [S. 147, 148, 148A(b), 148A(d), Art. 226]
Girdhar Gopal Dalmia v. UOI (2023) 450 ITR 143/ 333 CTR 379/ 224 DTR 439 (Cal.)(HC) Editorial : Decision of single judge in Girdhar Gopal Dalmia v. UOI (2022) 449 ITR 629 (Cal)(HC), reversed.
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Assessee is not expected to prove negative fact-Assessing Officer should verify information collected from other sources-Information not verified-Order is not valid-Directed to pass fresh order after giving a reasonable opportunity of hearing. [S. 147, 148A(b), 148A(d), Art. 226]
Asam Sreenivasa Reddy v. ITO (2023) 450 ITR 244 / 332 CTR 112/ 224 CTR 171//(2022) 145 taxmann.com 659 (AP)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Sale of property-Alleged cash receipts-Capital gains-Tax evasion petition on insight Portal-Directed to provide all documents considered by him as information-Order and subsequent notice set aside-Directed to pass the order after considering the reply of the assessee. [S. 147, 148, 148A(d), Art. 226]
Alaknarayan Poosapati Gajapati Raju v. UOI (2023) 450 ITR 297/ 291 Taxman 246 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Assessing Officer was directed to supply with material relied-Order and notice set aside-Liberty granted to Department to pass fresh order if necessary. [S. 147, 148, 148A(d), Art. 226]
Abha Goel v. ITO (2023) 450 ITR 704 (Delhi)(HC)
S. 148 : Reassessment-Notice-Assessing officer vested with jurisdiction over assessee can issue notice-Pecuniary limits had been laid down for distribution of work among assessing officers would not divest assessing officer of his jurisdiction-Notice valid. [S. 120, 124, 147, Art. 226]
Shivaaditiya Jems and Jewellery Pvt. Ltd. v. ITO (2023) 450 ITR 483/ 331 CTR 245 (All.)(HC)
S. 147 : Reassessment-No new tangible material-Order passed without disposing the objection-Change of opinion-Reassessment order mere reproduction of reasons recorded-Reassessment order was quashed. [S. 69A, 148, 156, Art. 226]
TUFF Tubes (Orissa) Pvt. Ltd. v. DCIT (2023) 450 ITR 654 (Orissa)(HC)
S. 147 : Reassessment-Reasons recorded mere repetition of report of deputy director (Inv)-Failure to supply documents which were basis for formation of belief-Reassessment order and consequential notice of demand set aside. [S. 133A, 143(3), 148, 156, Art. 226]
Sri Laxmi Narayan Agency v. ITO (2023) 450 ITR 650 / 292 Taxman 192 (Orissa)(HC)
S. 147 : Reassessment-With in four years and beyond four years-Audit objection-Depreciation-Assessing Officer rejecting audit objection-Existence of alternate remedy is not an absolute bar for issue of writ-Notice based on audit objection is held to be not valid. [S. 32, 148, Art. 226]
Mobis India Ltd. v. Dy. CIT (2023) 450 ITR 60 / 332 CTR 775/ 224 DTR 37 (Mad.)(HC) Editorial: Decision in Mobis India Ltd. v. Dy. CIT (2016) 380 ITR 170 (Mad)(HC), set aside.
S. 147 : Reassessment-With in four years-Change of opinion-capital gains-Expenditure incurred in terms of settlement to assessee’s sisters from sale consideration of property and indexation benefits and other legal expenses-No failure to disclose material facts-Order disposing objection and notice for reopening was quashed and set aside. [S. 45, 48, 148, Art. 226]
Deepak Kapoor v. PCIT (2023) 450 ITR 301 / 221 DTR 330 / 331 CTR 220(Delhi)(HC)