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-Reasons for reopening has blanks-notice not digitally signed-Petitioner has not filed its objections to the notice-Petitioner directed to file its objections within two weeks-The Assessing Officer shall grant a personal hearing and pass an assessment order. [S. 147, 151, Art. 226]

 Sai Enterprises v.  UOI (Bom.)(HC)(UR)

S. 148 : Reassessment-Notice-Income above 20 Lakhs-ITO has no jurisdiction to issue notice-Notice should be issued by AC / DC as per CBDT instruction No.1/2011. [S. 147, 151, Art. 226]

Ashok Devichand Jain v. UOI (Bom.)(HC)(UR)

S. 148 : Reassessment-Notice-Notice issued to non-existing entity-Notice invalid-Notice could not be corrected u/s. 292B of the Act. [S. 147, 292B, Art. 226]

Implenia Services and Solutions Pvt. Ltd. v. Dy. CIT (Bom.)(HC) (UR)

S. 147 : Reassessment-Change of opinion-Share capital-Share premium-Reasons that the amounts allegedly received from issuing of shares were its own funds-Reopening notice is bad on account of a change of opinion. [S. 148, Art. 226]

Starent Network (India) Private Limited v. DCIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Wrong recording of reasons-Recorded reasons refers sale of property-Non application of mind-Notice and order was quashed and set aside. [S. 148, Art. 226]

Rajasthan Udyog and Tools Private Limited v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Change of opinion-Reassessment notice and order was quashed. [S. 115JB, 148, Art. 226]

John Cockerill India Limited v. UOI (Bom.)(HC) (UR)

S. 147 : Reassessment-Weighted deduction-Recorded reasons-Added in the assessment order-No failure to disclose fully and truly all material facts-Failure to deal with the objections raised by the petitioner-Reassessment notice and subsequent order was quashed. [S. 35(2AB), 148, Art. 226]

Connectwell Industries Pvt. Ltd. v. DCIT (Bom.)(HC)(UR)

S. 147 : Reassessment-With in four years-Waiver of loan-Change of opinion-Query raised during regular assessment proceedings-Order of Tribunal affirmed. [S. 28(iv), 41(1), 148]

PCIT v. EPC Industries Ltd. (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Quarries raised during assessment proceedings-Notice is held to be bad in law and quashed. [S. 148, Rule 11UA, Art. 226]

Naroli Resorts Private Limited v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Not dealt with any of the submissions-Referred 68 case laws without stating how the case laws are applicable to the facts of the petitioner-Reassessment notice is bad in law [S. 148, Art. 226]

Hitech Corporation Ltd. (Formerly known as Hitech Plast Ltd.) v.  ACIT (Bom.)(HC)(UR)