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. 153B : Assessment-Search-Time limit-Assessment of any other person-Satisfaction note was drawn in assessment year 2018-19-Order passed beyond period of limitation of six years-Barred by limitation [S. 143(3),153C]
Rupesh Katilala Savla v. ACIT (2025) 210 ITD 591 (Mum.) (Trib.)
S. 153B: Assessment-Search-Time limit-Limitation to pass the assessment order expired on 31.12.2020 [S. 69B, 132,153A, 153C]
Chintankumar Rameshbhai Patel v. Dy. CIT (2025) 210 ITD 290 (Rajkot) (Trib.)
S. 153C : Assessment-Income of any other person-Search-Satisfaction note prepared without application of mind and without referring to the incriminating material found during the course of Search-Assessment order is quashed..[S. 132]
Pradeep Singh v. ACIT (2025) 233 TTJ 590 (Delhi) (Trib.)
S. 153A: Assessment-Search-Addition can not be be made in the absence of incriminating material found during the search. [S. 69A, 69C, 132]
Dy.CIT v. Aba Builders Ltd. (2025) 233 TTJ 328 (Delhi) (Trib)
S. 153A: Assessment-Search-No addition can be made merely on the basis of statement-On money-Presumption-Addition is deleted.[S. 132, 153C, 292C]
Kalyan Development Corporation v. ACIT (2025) 233 TTJ 413 (Mum) (Trib)
S. 153A: Assessment-Search-Revenue followed detailed guidelines during the search-Approval under the section cannot be considered as granted mechanically-Matter is restored to CIT(A). [S. 153D]
Neelu Sanjay Gupta (Smt.) Legal Heir of Late Sanjay Gupta v. Dy.CIT (2025) 233 TTJ 29 (Ahd) (Trib)
S. 151 : Reassessment-Sanction for issue of notice–Notice u/s 148 issued beyond 3-year period-As per amended Section 151 (post 01.04.2021), approval from PCCIT/CCIT was required, but approval was taken from PCIT-Reassessment proceedings quashed. [S. 147, 148]
Arvind Velji Gada v. ITO (Mum) (Trib)(UR)
S. 151 : Reassessment-Sanction for issue of notice-Approval is granted in mechanical manner-Reassessment is quashed Communication of assessment order-Assessment orders and demand notices issued u/s. 156, without a Document Identification Number (DIN) are unsustainable in law and can be considered invalid. [S. 119, 147 148, 156]
Mohd. Shafiq Cement Store v. ITO [2025] 210 ITD 1 (Amritsar)(Trib.)
S. 147 : Reassessment-CIT(A) partly allowed the claim against losses-reopening of assessment on same issue-CIT(A) allowed the reopening-Held, reopening not valid as no fresh material on record. [S. 148]
Madras Race Club v. Dy.CIT (2025) 233 TTJ 383 (Chennai) (Trib)
S. 147 : Reassessment-Best judgment assessment-Unexplained money-Entire cash deposit cannot be treated as income-Income of the assessee is estimated at 10 per cent of cash credit and other credit. [S.69A 148, 249(3)]
Kailashnath Arunkumar Dube v. ITO (2025) 233 TTJ 720 (Surat) (Trib)