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 147 : Reassessment-After the expiry of four years-Tangible material-High value transaction-Reliance of SEBI order-Reassessment proceeding is held to be valid. [S. 143(1), 148, 151, Art. 226]
Ideal Associates v. ACIT (2022)448 ITR 260/(2023) 146 taxmann.com 225 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Book profit-Revision was dropped-Sanction for reassessment was without application of mind-Reassessment notice and order disposing the objection was quashed. [S. 148, 151, 263, Art. 226]
Godrej and Boyce Manufacturing Co. Ltd. v. ACIT (2023) 453 ITR 10 (Bom.)(HC), Editorial : SLP of Revenue is dismissed , ACIT v. Godrej and Boyce Manufacturing Co. Ltd. (2023)453 ITR 14/ 293 Taxman 311 (SC)
S. 147 : Reassessment–After the expiry of four years-Change of opinion-Amalgamation-Valuation of shares-Advertisement and Business Promotion on medical practioners-Reopening on same material with a view to take another view is held to be not valid-Notice and order disposing the objection was quashed. [S. 37(1), 56(2)(viib), 148, Art. 226]
Zoetis India v. ACIT (Bom.)(HC) (UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-When the Assessing Officer does not accept the objections filed, he shall not proceed further in the matter within a period of four weeks from the date of service of the said order of the objections on the assessee-Order was quashed-Notice and order rejecting the objection was also quashed. [S. 148, Art. 226]
Nelco Ltd. v. ACIT (Bom.)(HC) (UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-Income from house property-Business income-Income from other sources-No failure to disclose fully and truly all material facts-Notice of reassessment and order disposing the objection was quashed. [S. 22, 24, 28(i), 56, Art. 226]
Bennett Property Holdings Company Ltd. v. DCIT (Bom.)(HC) (UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Demerger-Same material-Reassessment notice and order disposing the objection was quashed. [S. 148, Art. 226]
Maharashtra State Electricity Distribution Co. Ltd. v. DCIT (Bom.) (HC)(UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Query raised in the course of assessment proceedings-No discussion in the assessment order-Credit for tax deduction at source-Notice of reassessment and order disposing objection was quashed. [S. 148, Art, 226]
Lintas India Pvt Ltd v. UOI (Bom.)(HC) (UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-Disallowance of expenditure-Exempt income-Return was not filed in pursuance of notice u/s 148 of the Act-No hard and fast rule that the assessee should first file its return pursuant to the notice-Reassessment notice was quashed. [S. 14A, R. 8D, Art. 226]
The Shipping Corporation of India Ltd v. ACIT (Bom.)(HC)(UR)
S. 147: Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Notice and order rejecting the objection was quashed [S. 33AC, 80A(2), 80I, 80M, 148, Art. 226]
The Great Eastern Shipping Company Ltd v. ACIT (Bom.)(HC)(UR)
S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Mistake of Assessing Officer-Error discovered reconsideration of same facts does not give power to the Assessing Officer to reopen the assessment-Reassessment notice and order disposal of objection was quashed. [S. 148, Art. 226]
CEAT Ltd. v. ACIT (2023) 291 Taxman 366 (Bom.)(HC) Editorial: SLP of Revenue dismissed , ACIT v. CEAT Ltd ( 2022) 449 ITR 171 ( SC)