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-Formation of belief by Assessing Officer-The Assessing Officer acted on directions of superiors without forming an independent belief that income had escaped assessment; as mandated under section 147, reassessment was invalid.[S. 92C, 148, 260A]
PCIT v. Agfa India (P.) Ltd. [2025] 173 taxmann.com 875 (Bom) (HC)
S.147: Reassessment-Faceless assessment-Objections to reopening-Mechanical disposal of objections-Matter remanded.[S. 144B, 148, Art. 226]
EPL Ltd. v. DCIT [2025] 174 taxmann.com 159 (Bom) (HC)
S. 147: Reassessment-Claim was pending in appeal-Claim for deduction under section 10B was pending before the Commissioner (Appeals); reopening proceedings initiated in respect of matters connected with such assessment were not sustainable in view of the third proviso to section 147. [S.10B, 148, 246A, Art. 226]
Vedanta Ltd. v. ACIT [2025] 170 taxmann.com 554 (Bom.)(HC)
S.147: Reassessment-After the expiry of four years-Reasons recorded for reopening-Vague reasons relating to alleged unexplained credits, and the Assessing Officer subsequently sought to improve or supplement reasons while disposing of the assessee’s objections-Recorded reasons did not allege any failure on the part of the assessee to disclose material facts-Reopening notice and order rejecting objections were quashed and set aside.[S.68, 148, Art. 226]
Stock Holding Corporation of India Ltd. v. ACIT [2025] 178 taxmann.com 191 (Bom)(HC)
S.147: Reassessment-After the expiry of four years-Cash sales-Unexplained money-Income already assessed substantively in another year-Reassessment notice and order disposing of the objection were quashed and set aside.[S. 69A, 148, Art. 226]
Sai Shirdi Constructions v. ITO [2025] 174 taxmann.com 750 (Bom) (HC)
S.147: Reassessment-After the expiry of four years-Change of opinion-Reopening notice was held to be invalid and was quashed.[S. 40(a)(ia), 80P, 148 Art. 226]
Prithvi Apartments Co-operative Housing Society Ltd. v. ACIT [2025] 174 taxmann.com 654 (Bom)(HC)
S. 147: Reassessment-After the expiry of four years-Tangible material-Information regarding undisclosed funds routed through tax-haven companies-Reopening valid.[S. 69A, Art. 226]
Macrotech Developers Ltd. v. DCIT [2025] 174 taxmann.com 56 /2026] 489 ITR 363 (Bom) (HC)
S.147: Reassessment-After the expiry of four years-Expenditure incurred on gift articles-No failure to disclose material facts-Reopening quashed.[S. 37(1), 148, Art. 226]
Mapra Laboratories (P.) Ltd. v. UOI [2025] 173 taxmann.com 221 (Bom) (HC)
S.147: Reassessment-After the expiry of four years-No failure to disclose material facts-Subsequent tax residency certificate-Reopening invalid.[S. 6, Art. 226]
Oxford University Press v. DCIT [2025] 171 taxmann.com 655 (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)