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. 148 : Reassessment–Notice–Search and Seizure–Third party premises-Satisfaction note-Failure to furnish documents- Assessment order quashed and set aside – Matter was remanded back for adjudication afresh. [S. 131, 132, 147, 151, Art. 14, 226]

Sahebrao Deshmukh Co-op. Bank Ltd. v. ACIT [2023] 149 taxmann.com 248 / 292 Taxman 258 / 455 ITR 92 (Bom)(HC)

S. 148 : Reassessment –Notice – Amalgamation- Company ceased to exist- Succession to business otherwise than on death -Non existing company – Amalgamation – PAN in name of non -Existent company remained active – Notice issued was quashed. [S. 148, 170, Art. 226]

CLSA India (P.) Ltd. v. DCIT [2023] 149 taxmann.com 380 (Bom)(HC)

S. 148 : Reassessment–Notice–Amalgamation- Company ceased to exist- Estoppel against law- Reassessment notice and order was quashed. [S. 148(A))(b), 148A(d), Art. 226]

Pico Capital (P.) Ltd. v. DCIT [2023] 150 taxmann.com 488 / 293 Taxman 347/ (2024) 460 ITR 508 (Bom)(HC)

S. 148 : Reassessment–Notice-Dead person-Issuing a notice to a correct person is not merely a procedural requirement but a condition precedent for a notice to be valid in law – Order null and void. [S. 148A(b) 148A(d)), Art. 226]

Dhirendra Bhupendra Sanghvi v. ACIT [2023]458 ITR 326 / 294 Taxman 13 / 151 taxmann.com 541 (Bom.)(HC)

S. 148 : Reassessment–Notice-Un-explained investment -Wrongly stating that return was filed in terms of section 119(2)(b)- Exparte order making addition as income from undisclosed sources – Order was set aside – Directed to treat the return filed in terms of section 148 of the Act. [S. 69, 119(2)(b), 144, 147, 292B, Art. 226]

Shahana Nayak v. ITO [2023] 151 taxmann.com 482 (Bom)(HC)

S. 148 : Reassessment – Service of notice – Primary email id – Notice issued on the secondary notice – Failure to participate in the proceedings – Service of the notice is not valid – Reassessment was quashed. [S. 144, 144B, 147, 282, Rule 127, Art. 226]

Lok Developers Registered Partnership Firm v. Dy. CIT (2023) 455 ITR 399 / 149 taxmann.com 93 (Bom)(HC)

S. 147 : Reassessment –With in four years- Advance – Change of opinion – Notice and order disposing the objection was quashed. [S. 69A 148, Art. 226]

D.K. Realty India (P.) Ltd. v. ACIT [2023] 148 taxmann.com 468 / 292 Taxman 328 (Bom)(HC)

S. 147 : Reassessment–With in four years- Accommodation entries – Shell company – Deposit demonetized cash- Sales Borrowed satisfaction – Not independently applied the mind- Reassessment notice and order disposing the objection was quashed. [S. 69A, 143(1), 148, Art. 226]

B.U. Bhandari Autolines (P.) Ltd. v. ACIT [2023] 456 ITR 56/ 292 Taxman 195/ 331 CTR 240 (Bom)(HC)/Editorial : SLP of Revenue is dismissed on account of delay of 354 days as well as on merits . ACIT v. B. U. Bhandari Autolines Pvt. Ltd. (2025)472 ITR 1 /171 taxmann.com 130 (SC)

S. 147 : Reassessment – With in four years – No tangible material – Business expenditure -Compensation- Provision for compensation – Pending for settlement – Reassessment is held to be bad in law. [S. 37(1), 145, 148, Art. 226]

PCIT v. NESCO Ltd. [2023] 291 Taxman 286 (Bom)(HC)

S. 147 : Reassessment–With in four years- Depreciation–Change of opinion –Depreciation–License fee–No new information– Reassessment notice and order disposing the objection was quashed. [S. 32, 35AAB, 148, Art. 226]

Clear Media (India) (P.) Ltd. v. DCIT [2023] 150 taxmann.com 52 / 293 Taxman 108 (Bom)(HC)