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.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)