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. 153C : Assessment-Income of any other person-Search-Violation of principle of natural justice-Responded to notice-Order was set aside. [S. 132, 142(1), Art. 226]

PCIT v. PraveenKumar Pathi (2022) 286 Taxman 458 (Mad.)(HC)

S. 150 : Assessment-Order on appeal-Reassessment-Deemed dividend-Addition deleted-Finding-Direction-Left open for the Assessing Officer in the hands of share holders-Order cannot be construed as direction. [S. 147, 148, 153, Art. 226]

Dinar Tarcar v. ACIT (2022) 286 Taxman 638 / 213 DTR 57 / 326 CTR 310 (Bom.)(HC)/Manisha Tarcar (Mrs ) v. ACIT (2022) 286 Taxman 638/ 213 DTR 57/ 326 CTR 310 (Bom.)(HC)

S. 147 : Reassessment-Failure to show remuneration and interest on capital received from partnership firm-Reassessment notice was quashed. [S. 28(i), 148, Art. 226]

Mamta Bhavesh Deva v. ITO (2022) 446 ITR 411 / 286 Taxman 692 (Guj.)(HC)

S. 147 : Reassessment-Capital gains-Profit on sale of property used for residence-Investment in six residential flats-Change of opinion-Reassessment is not valid. [S. 45, 54, 148, Art, 226]

Gagan Omprakash Navani v. ITO (2022) 286 Taxman 668 (Bom.)(HC)

S. 147 : Reassessment-Speaking order-Order passed without passing a speaking order-Order was set aside-Directed to pass speaking order [S. 143(3), 148, Art. 226]

Fast Finance (P) Ltd. v. ACIT (OSD) (2022) 446 ITR 378 /286 Taxman 455 (Mad.)(HC)

S. 147 : Reassessment-Bad debt-Rural branch-Withdrawal of claim in subsequent year-Reassessment is not valid. [S. 36(1)(viia), 148, Art. 226]

HDFC Bank Ltd. v. ACIT (2022) 445 ITR 196 / 286 Taxman 365 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Sale of shares-Business income-Capital gains-Change of opinion-Reassessment notice was quashed. [S. 28(i), 148, 154, Art. 226]

Tata Sons Ltd. v. CIT (2022) 286 Taxman 587 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Speculative transactions-loss of cancellation of forward contract-Change of opinion-Reassessment notice was quashed. [S. 43(5), 148, Art. 226]

Parle Products (P.) Ltd. v. ACIT (2022) 286 Taxman 235/ (2023) 453 ITR 765 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Depreciation-Information from Directorate of Income Tax, Intelligence & Criminal Investigation-Goodwill, trademarks and patents and Brands-Reopening of assessment on basis of very same material to take a different view was not justified-Reassessment notice was quashed. [S. 32, 148, Art, 226]

Preethi Kitchen Appliances (P.) Ltd. v. ACIT (2022) 446 ITR 411/ 286 Taxman 483 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Interest free loans to sister concern-Charge of interest-Change of opinion-Reassessment notice was quashed. [S. 36(1)(iii), 148, Art. 226]

Parinee Realty (P.) Ltd. v. ACIT (2022] 286 Taxman 337/ 217 DTR 279 (Bom.)(HC)