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. 149 : Reassessment-Time limit for notice-Sanction-Non-resident-Notice under section 148 was issued within three years; sanction under section 151 by PCIT was valid-Decision is pending consideration before Supreme Court, Jurisdictional Assessing Officer was competent to issue notices under sections 148A/148-[S. 10(4)(ii), 10(14), 10(15)(fa), 148, 148A(b), 148A(d), 151, 151A, 26AS, Art. 226,]

Abhinav Jain v. ITO (2026) 310 Taxman 499 / 488 ITR 255 (Delhi)(HC)

S. 149: Reassessment-Time limit for notice-For assessment year 2015-16, all notices issued on or after 1-4-2021 under sections 148 and 148A were liable to be dropped as they did not fall within the period prescribed under TOLA.[S. 147, 148, 148A(b), 148A(d), TOLA, Art. 226]

Mohmedmunaf Noormohmed Cambaywala v. ITO (2026) 310 Taxman 703 (Guj)(HC)

S. 149: Reassessment-Time limit for notice-Form of an asset had escaped assessment-All notices issued on or after 1-4-2021 would have to be dropped as they would not fall within the period prescribed under TOLA-Notice under section 148 and all consequential orders/notices, including recovery notices thereof, were quashed and set aside.[S. 148, 148A(b), 148A(d), Art.226]

Mitra Biswas v. ITO (2026) 310 Taxman 44 (Bom)(HC)

S. 149 : Reassessment-Time limit for notice-First proviso to section 149(1) Acts as a restriction on retrospective application of extended ten-year limitation period-Reassessment notice under section 148 was issued in 2024 for assessment year 2013-14, but under erstwhile provisions (as extended by TOLA) time limit for issuance of such notice had already expired on 30-06-2021, by virtue of first proviso to section 149(1), revenue was barred from issuing notice under section 148 under new regime, notwithstanding ten-year period provided in section 149(1)(b) after its amendment by Finance Act, 2021.[S. 148,149(1)(b), TOLA, Art. 226]

Pratibha Syntex Ltd. v. Dy. CIT (2026) 310 Taxman 600 (Bom)(HC)

S. 149 : Reassessment-Time limit for notice-Six years for relevant assessment year 2016-17, expired on 31-3-2022-SLP of revenue dismissed on account of delay of 411 days and also on merits. [S. 148, Art. 136]

ACIT v. Wave Silver Tower (P.) Ltd. (2026) 310 Taxman 331 (SC) Editorial: Wave Silver Tower (P.) Ltd v. ACIT(2025) 171 Taxmann.com 270 (Delhi)(HC)

S. 149: Reassessment-Time limit for notice-Search-Notice was issued beyond the period of six years from the end of the relevant assessment year; said notice was barred by limitation in terms of the first proviso to section 149(1)-SLP dismissed. [S. 132, 148, 148A(b), 148A(d), Art. 136]

Dy. CIT v. E Homes Infrastructure (P.) Ltd. (2026) 310 Taxman 573 (SC) Editorial: E Homes Infrastructure (P.) Ltd v. Dy.CIT (2026) 185 taxmann.com 299 (Delhi)(HC)

S. 149: Reassessment-Time limit for notice-High Court held that where the period of six years from the end of the relevant assessment year 2016-17 expired on 31.03.2023, notice issued thereafter on 31.03.2024 was barred by limitation-SLP of revenue dismissed. [S. 148, Art. 136]

ACIT v. Mohd Athar Anjum (2026) 310 Taxman 659 (SC) Editorial : Mohd Athar Anjum v.ACIT(2026) 186 taxmann.com 12 (Delhi)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Constitutional validity-Notice issued to the Attorney General of India-Arguable questions were raised in the petition; operation of the notice dated 30-3-2025 under section 148 was stayed. [S.148, Explanation 2, Clause (c), Art. 14, 226]

G. M. Polyplast Ltd. v. ACIT (2026) 310 Taxman 542 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice-After the expiry of four years-Notice and consequential orders are quashed and set aside. [S. 144C(1), 147, 148, 148A(b), 148A(d), Art. 226]

Gulbrandsen (P.) Ltd. v. Dy. CIT (2026) 310 Taxman 188 (Guj)(HC)

S.148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Cross-examination-mere denial/non-completion of cross-examination of said third party did not vitiate order under section 148A(d)-Opportunity of cross-examination must be provided before passing the assessment order. [S.69, 132(4), 147, 148, 148A(b), 148A(d), Art. 226]

Vishnu Highrise (P.) Ltd. v. UOI (2026) 310 Taxman 260 (Cal)(HC)