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 – Cash credits – Alternative remedy–Failure to furnish recorded reasons- Alternative remedy is not a bar – Assessment order was quashed. [S. 68, 143(1), 143(2), 144B, 148, 156, Art. 226]
Ajay Ajit Tanna v. UOI [2023] 151 taxmann.com 324 / 454 ITR 754/ 334 CTR 287 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Cash credits – Redemption of preference shares – Source explained in the original assessment proceedings- Change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art, 226]
Kandoi Fabrics (P.) Ltd. v. ACIT [2023] 149 taxmann.com 457 / 293 Taxman 202 (Bom)(HC)
S. 147 : Reassessment – After the expiry of four years – Cash deposits -Insights portal that certain high risk transactions had taken place in case of assessee which were needed to be verified-No failure to disclose material facts – Re assessment notice and order disposing the objection was quashed. [S. 68, 143(3), 148, Art. 226]
Digi1 Electronics (P.) Ltd. v. ACIT [2023] 458 ITR 478/148 taxmann.com 184 / 292 Taxman 242 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years – Cash credits – Accommodation entries – Statement of third party – Presumption that the assessee was beneficiary – No tangible material –No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 68, 132, 153C, 148, Art. 226]
Aditi Constructions v. Dy. CIT (2023)454 ITR 456 / 151 taxmann.com 513/ 293 Taxman 710 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years– Different method of accounting-Capital gains–Computation-No failure to disclose material facts – Reassessment notice and order disposing the objection is not valid. [S. 45, 48, 112(1)(c)(ii), 143(3) 148, Art. 226]
Lehman Brothers Investments Pte. Ltd. v. ACIT (IT) (2023) 454 ITR 331 / 148 taxmann.com 236 / 293 Taxman 216/ 333 CTR 213 (Bom)( HC)/Editorial : SLP of Revenue is dismissed , ACIT v. Lehman Brothers Investments Pte. Ltd. [2024] 461 ITR 360/ 297 Taxman 61(SC)
S. 147 : Reassessment–After the expiry of four years–Share premium – Share valuation –DCF Method – Report from Chartered Accountant – Issue was raised in the course of original assessment proceedings – Reassessment notice and order disposing the objection was quashed. [S. 147, 148, Art, 226]
Suminter Organic and Fair Trade Cottton Ginning Mill (P.) Ltd. v. Dy. CIT [2023] 150 taxmann.com 232 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Sale of shares -Capital gain–Another director has shown the income as salary– Reassessment is not justified. [S. 15, 45 148, Art. 226 ]
Deepak Marda v. ITO [2023] 150 taxmann.com 114 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years-Share dealing -No failure to disclose material facts-Reassessment notice and order disposing the objection was quashed. [S. 45, 148, Art. 226]
Devkant Synthetics India (P.) Ltd. v. NFAC [2023] 149 taxmann.com 344 / 292 Taxman 218 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Advertisement and sales promotion -No failure to disclose material facts – Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226]
Asian Paints Ltd. v. ACIT [2023] 149 taxmann.com 183 (Bom)(HC)/Editorial: SLP of Revenue is dismissed, ACIT v. Asian Paints Ltd. (2024) 296 Taxman 74 (SC)