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-No failure to disclose material facts-Reassessment quashed.[S. 36(1)(vii), 148, Art. 226]

ICICI Bank Ltd. v. DCIT [2025] 171 taxmann.com 617 (Bom) (HC)

S. 144C: Reference to dispute resolution panel-Draft assessment order-Final assessment order had been directly passed by a Faceless Officer without serving a draft assessment order on the assessee to enable it to approach the DRP; it was in clear violation not only of the provisions of section 144C but also of section 144B(1)(xxi) to (xxix) and thus, the final assessment order was set aside. [S. 144B(1)(xxi) Art. 226]

Barentz India (P.) Ltd. v. NFAC [2025] 179 taxmann.com 582 (Bom)(HC)

S. 144C: Reference to dispute resolution panel-Objections before DRP-Objections filed before DRP were not considered-limited relief that the order was set aside and revive objections filed by the assessee before DRP. [S. 143, Art. 226]

Vibhavari Bharat Bhatt v. ITO [2025] 178 taxmann.com 193 (Bom) (HC)

S. 144B: Faceless assessment-Non-consideration of reply and personal hearing. The assessment order was set aside, and the matter was restored to NFAC with a direction to consider the reply and grant personal hearing before passing the assessment order. [S. 143, 144B(1)(xv), 144B(6)(vii), Art. 226]

New Globe Logistik LLP v. ACIT [2025] 177 taxmann.com 176 (Bom) (HC)

S. 144B: Faceless Assessment-Personal hearing-Specific request for video-conference hearing ignored-Assessment order illegal and non est.[S. 143, 115BBE, Art. 226]

Vimal Trading v. NFAC [2025] 172 taxmann.com 318 (Bom.)(HC)

S. 143 (3): Assessment-Insolvency proceedings-Resolution Plan approved by NCLT-Claims not forming part of the Resolution Plan extinguished-Notices issued thereafter for pre-approval of statutory dues without jurisdiction.[S. 142, 143(2), IBC, S. 31]

V Hotels Ltd. v. NFAC [2025] 180 taxmann.com 840 (Bom)(HC)

S.143(3): Assessment-Alternative remedy-No extraordinary circumstances warranting interference under writ jurisdiction-The writ petition was dismissed. [S. 246A, Art. 226]

Manoj Naraindas Motwani v. ACIT [2025] 174 taxmann.com 798 (Bom) (HC)

S. 143(3) : Assessment-Undisclosed investments-Opportunity of hearing-One day’s time to respond to show-cause notice-Violation of natural justice-Matter remanded.[S. 69B, 144B, Art. 226]

Vibgyor Vinimay (P.) Ltd. v. NFAC [2025] 175 taxmann.com 643 (Bom) (HC)

S. 143(3): Assessment-Non-existent entity-Merger-Notice and assessment in the name of transferor company-Invalid-Order of Tribunal affirmed.[S.147.260A, 292B]

CIT-LTU v. Shell India Markets (P.) Ltd. [2025] 174 taxmann.com 349 (Bom) (HC) Editorial : SLP of revenue dismissed, CIT-LTU v. Shell India Markets (P.) Ltd (2026] 310 Taxman 1 (SC)

S. 143(1): Assessment-Intimation-Writ petition challenging huge demand-Where intimation was appealable under section 246A and no mandatory pre-deposit was required for filing an appeal, the High Court could not interfere in writ jurisdiction merely because a huge demand was raised. [S. 246A, Art. 226]

Fiat India Automobiles Ltd. v. DDIT [2025] 170 taxmann.com 789 (Bom.)(HC)