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–After the expiry of four years- Co-operative Society-Deduction allowed- Change of opinion–Reassessment notice and order disposing the objection was quashed. [S. 80P(2)(1), 80P(2)(d), 148, 226]
Mumbai Postal Employees Co-operative Credit Society Ltd. v. ITO [2023] 149 taxmann.com 94 / 292 Taxman 492 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Co-operative societies – Reopening of assessment being a mere change of opinion was not justified–Reassessment notice and order disposing the objection was quashed. [S. 80P, 148, Art. 226]
Tahnee Heights CHS Ltd. v. ITO [2023] 458 ITR 585 /147 taxmann.com 335 / 292 Taxman 315 (Bom)(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 – Interest on funds collected–Issue pending before the Commissioner (Appeals)- Reassessment notice and order disposing the objection was quashed. [S. 80IA, 148, 250, Art. 226]
Nuclear Power Corporation of India Ltd. v. DCIT [2023] 151 taxmann.com 537 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Set-off of long term capital loss against long term capital gain – No failure to disclose material facts–No power of review – Reassessment notice and order disposing the objection was quashed. [S. 74, 143(3), 148, Art. 226]
Noshir Darabshaw Talati v. ACIT [2023] 150 taxmann.com 16 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years–Commission payment – No failure to disclose material facts-No new tangible material to justify reopening, reassessment proceedings were nothing but a case of change of opinion,- Reassessment notice and order disposing the objection was quashed. [S. 148, Art. 226]
Jetair (P.) Ltd. v. DCIT [2023] 148 taxmann.com 185 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Shell company -No failure to disclose material facts – Non application of mind – Reassessment notice and order disposing the objection was quashed. [S. 69, 148, Art. 226]
Punia Capital (P.) Ltd. v. ACIT [2023] 458 ITR 740/149 taxmann.com 53 / 292 Taxman 380 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Loans and advances to sister concern – Allegation of colourable device – No failure to disclose material facts – Notice of reassessment and order disposing objection was quashed. [S. 69, 148, Art. 226]
Konark Life Spaces v. ACIT [2023] 149 taxmann.com 489 / 455 ITR 103 (Bom)( HC)
S. 147: Reassessment –With in four years- Depreciation – Change of opinion – No new tangible material – Reassessment notice and order disposing the objection was quashed. [S. 132, 143(3), 148, Art. 226]
Solvay Specialities India (P.) Ltd. v. DCIT [2023] 149 taxmann.com 228 / 292 Taxman 537 /(2024) 338 CTR 121 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Purchase and sale of shares – Reopening of assessment to make further additions on account of purchase cost of said shares being based on change of opinion on part of Assessing Officer was not justified– Reassessment notice and order was quashed. [S. 69, 148, Art. 226]
Pushpa Nahata v. ITO (2023) 456 ITR 255/150 taxmann.com 84 / 292 Taxman 452 (Bom)(HC)