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 -Capital gains –Reassessment notice was issued only on the basis of information received on insight portal – No tangible material – Reassessment notice was quashed. [S. 10(38), 143(3) 148, Art. 226]

Anwar Mohammed Shaikh v. ACIT [2023] 459 ITR 534 /148 taxmann.com 288 / 292 Taxman 414/(2024)337 CTR 201 (Bom)(HC)

S. 147 : Reassessment–After the expiry of four years – Capital gains – Transfer- Development rights – Power of Attorney – Neither any tangible material nor any reason to believe that ‘any income chargeable to tax had escaped assessment’ – Reassessment notice was quashed. [S. 2(47)(v), 148, Transfer of Property Act, 1882, S.53A, Art. 226]

Bharat Jayantilal Patel v. DCIT [2023] 149 taxmann.com 290/ 292 Taxman 276 (Bom)(HC)/Editorial : SLP of Revenue is dismissed , Dy,CIT v. Bharat Jayantilal Patel (2024) 296 Taxman 247 (SC)

S. 147 : Reassessment–After the expiry of four years – Same material available on record-Change of opinion-Notice and order rejecting objections set aside. [S. 148, Art, 226]

A and J Associates v. ACIT (2023) 454 ITR 590 (Bom.)(HC)

S. 147 : Reassessment – After the expiry of four years – Penny Stock -Share transactions and tax paid on added income – No new tangible material – Accommodation entries – Reconsideration of the material available at the time of original assessment proceedings is tantamount to change of opinion – Reassessment notice and order disposing the objection was quashed. [S. 10(38), 45 69, 148, Art. 226]

Chanchal Bhagwatilal Gokhru v. UOI (2023) 454 ITR 451 / 152 taxmann.com 214 (Bom)(HC)

S. 144B : Faceless Assessment –Natural justice – Opportunity of hearing was not given – Video conference – Order was set aside and remanded. [S. 142, 143(3), Art. 226]

Parul Bharat Shah v. NFAC [2023] 146 taxmann.com 446 / 291 Taxman 294 (Bom)(HC)

S. 144B : Faceless Assessment –Amalgamation – Non-Existent company – show-cause notices, assessment order, notice of demand, etc., in name of said non-existent company, which was amalgamated with petitioner-company and thereby lost its existence, was without jurisdiction – Order was quashed. [S. 143(3), Art. 226]

New Age Buildtech (P.) Ltd. v.. NFAC [2023] 151 taxmann.com 66 (Bom)(HC)

S. 144B : Faceless Assessment–Draft assessment–Depreciation– Goodwill-Assessment order passed without satisfactory compliance with provisions of section 144B(1)(xvi) was quashed. [S. 32, 142, 144B(1)(xvi), Art. 226]

ACME Housing India (P.) Ltd. v NFAC (2023) 291 Taxman 1 (Bom)(HC)

S. 143(1)(a) : Assessment – Intimation – Prima facie adjustment Rectification of mistake – Assessing Officer was to be directed to consider application of assessee for rectification afresh and pass a speaking order – Matter remanded. [S. 154, Art. 226, Form 3CCD]

Sodexo India Services (P.) Ltd. v. CPC [2023] 147 taxmann.com 223 (Bom)(HC)

S. 124 : Jurisdiction of Assessing Officer–Assessing Officer Mumbai cannot continue to exercise jurisdiction in the case of the assessee even if PAN came to be transferred much later than a transfer of jurisdiction. [S. 92CA]

PCIT v. Capstone Securities Analysis (P.) Ltd. [2023] 146 taxmann.com 423 / 320 CTR 565 (Bom)(HC)

S. 80IB (10) : Housing projects- Delay of 365 days in filing of return- Denial of exemption-CBDT rejecting the application for condonation of delay-Order of rejection was set aside- Delay was condoned-Assessing Officer was directed to allow the claim as per law. [S. 119(2)(b), 143(1), Art. 226]

Bhatewara Associates Manik v. UOI [2023] 147 taxmann.com 297 (Bom)(HC)