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
Click here to download the pdf versions of the Digest of case laws

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Alternative remedy-The High Court dismissed the writ filed by the assessee against the assessment order with direction to avail alternative available under the Act as the assessee had failed to point out any procedural irregularity or illegality in the proceedings.[S. 148A(b), 148A(d), Art. 226]

Shyam Sundar Dhanuka v. UOI (2023) 156 taxmann.com 499 /(2024) 461 ITR 25 (Cal)(HC) Editorial :Order of single Judge is affirmed Shyam Sundar Dhanuka v. ITO (2024)461 ITR 22 (Cal)(HC)

S. 148 : Reassessment-Notice-Notice issued in the name of dead person-Not enforceable in the eyes of law-The legal heirs are under no statutory obligation to intimate the death of the assessee to the department-Requirement of issuing notice to a correct person is not a merely a procedure requirement but is a condition precedent the impugned notice being valid in law-Notice is held to be null and void.[S. 10(37) 144. 147, 292BB, Art. 226

Devendra v. Add CIT (2023) 294 Taxman 550 / 335 CTR 1057/(2024) 461 ITR 463 (Bom)(HC)

S. 147 : Reassessment-Audit objection-Corporate Social responsibility-Reopening of assessment on perusal of the records available during the course of assessment proceedings-Amounts to change of opinion-Reassessment notice and order disposing the objection is quashed. [S. 37(1), 148, Art. 226]

Adani Power Rajasthan Ltd. v. Asst. CIT (2023) 150 taxmann.com 136 / (2024) 461 ITR 210 (Guj)(HC)

S. 147 : Reassessment-With in four years-Undisclosed investment-Not recording of independent satisfaction-Reassessment notice and order disposing the objection is quashed [S.69B, 148, Art. 226]

Paresh Babubhai Bahalani v. ITO (2024) 296 Taxman 324 (Guj)(HC)

S. 147 : Reassessment-With in four years-Advancing loan to sister concern from borrowed capital without interest-Loan was advanced out of commercial expediency-Reopening of assessment on the ground that interest claimed on borrowed capital is not allowable and hence, escaped assessment-Reassessment notice and order disposing the objection is quashed.[S. 36(1)(iii), 148, Art. 226]

Vaman Prestressing Co. Pvt. Ltd. v. Addl. CIT (2023) 295 Taxman 252 / (2024) 461 ITR 192 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Compensation-Business expenditure-No new tangible material-Assessee had filed reply during original assessment proceedings-twin conditions-New tangible material and failure on the part of the assessee to disclose all material facts truly and fully, does not exist-Notice and order disposing the objection is quashed. [S. 37(1), 148, Art. 226]

Ratnabhumi Developers Ltd. vs. ACIT (2024) 296 Taxman 364 (Guj)(HC)

S. 147 : Reassessment-After the expiry of four years-Reopening of assessment on the basis of decision of court that approval not obtained from competent authority-not a case of income escaping assessment due to failure on the part of the assessee to disclose material facts during the course of assessment-reopening unjustified.[S.10B, 148, Art. 226]

Digital Mesh Softech India Pvt. Ltd. v. UOI (2024) 461 ITR 223 (Ker)(HC)

S. 147:Reassessmet-After the expiry of four years-Change of opinion cannot be a reason to reopen the assessment.[S. 35D, 148, Art. 226]

Palco Recycle Industries Ltd. v. Dy. CIT (2024) 296 Taxman 44 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Money transferred to assessee’s bank account from cash deposits in other persons bank account-Borrowed Satisfaction-Mere increase in funds from previous year-No Tangible material on record-Notice and order disposing the objection is quashed.[S. 148, Art. 226]

Saraswati Petrochem Pvt. Ltd. v. ITO (2024) 296 Taxman 260 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Capital Gains-Full value of consideration-Stamp Duty Valuation-Reassessment notice and order disposing the objection is quashed.[S.45, 50C, 148, Art. 226]

Pfizer Ltd v. UOI (2024) 296 Taxman 2(Bom)(HC)