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-Natural justice-Loan-Search-Neither furnished copy of statement nor an opportunity of cross examination was provided-Reassessment notice and order disposing the objection was quashed and set aside-Matter Remanded back to Assessing Officer to take a fresh decision after furnishing all details and documents sought for by asseseee. [S. 69C, 148, Art. 226]

Sarwan Kumar Poddar v. UOI (2022) 288 Taxman 763 / 220 DTR 120/ 329 CTR 764 (Cal.)(HC) Editorial : Order of single judge , Sarwan Kumar Poddar v. UOI (2022) 220 DTR 127/ 329 DTR 771(Cal)( HC)

S. 147 : Reassessment-With in four years-Income as per annual information statement in Form No. 26AS was higher than shown by assessee in P/L account-Non disclosure of primary facts-Notice issued after investigation-Reassessment notice is valid. [S. 148, 194A 194C 194J, Form No 26AS, Art. 226]

Distributors India C and F v. UOI (2022) 288 Taxman 230 (All.)(HC)

S. 147 : Reassessment-After the expiry of four years-Interest on borrowed capital-No failure to disclose material facts-Change of opinion-Reassessment notice and order disposing the objection was quashed. [S. 36(1)(iii), 148, Art. 226]

Tinplate Company of India Ltd. v. Dy. CIT (2022) 288 Taxman 587 / 216 DTR 131 / 327 CTR 792 (Cal.)(HC)

S. 147 : Reassessment-After the expiry of four years-Sales commission-Survey-Change of opinion-Order of Tribunal quashing the reassessment was affirmed. [S. 133A, 148, 260A]

PCIT v. Fibres and Fabrics International (P) Ltd. (2022) 139 taxmann.com 561 (Karn.)(HC) Editorial : SLP of Revenue dismissed, PCIT v. Fibres and Fabrics International (P) Ltd.(2022) 288 Taxman 20 (SC)

S. 147 : Reassessment-After the expiry of four years-Information from DDIT (Inv)-Accommodation entries-Bogus capital gains and losses-Penny stock scrips-Original assessment proceedings transaction was treated as bonafide-Even if it was assumed that Assessing Officer had committed a mistake, still, assessment could not have been reopened to remedy error-Reassessment notice and order disposing the objection was quashed. [S. 45, 69, 148, Art. 226]

Sunil Hanskrishna Khanna v. ACIT (2022) 139 taxmann.com 555 / 288 Taxman 46 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business income-Unsecured non-convertible redeemable debentures was actually sale consideration received in respect of sale of flats and that had escaped assessment-Issue of debentures had been a subject of consideration of assessment proceedings-Reopening on same basis was not permissible. [S. 28(1), 148, Art. 226]

Tanna Builders Ltd. v. ITO (2022) 288 Taxman 300 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Depreciation-Straight line method-Written down value method-No failure on part of assessee to disclose facts, reopening of assessment was not justified. [S. 10A, 32, 148, Art. 226]

Sunjewels India (P) Ltd. v. ITO (2022) 288 Taxman 562 (Bom.)(HC) Sunjewels India (P) Ltd. v. ITO (2022) 288 Taxman 591 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Business expenditure-Reply to queries in respect of said expenses were furnished-Reassessment notice and order disposing objection was quashed. [S. 37(1), 148, Art. 226]

Rajeshwar Land Developers (P.) Ltd. v. ITO (2022) 288 Taxman 186/(2023) 450 ITR 108 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Deduction allowed unit wise-Reasons for reassessment notice was the assessee should have been allowed deduction of 30 per cent and not 100 per cent-Reassessment notice and order disposal of objection was quashed. [S. 80IC, 148, Art. 226]

Pidilite Industries Ltd. v. UOI (2022) 288 Taxman 227 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Long term capital gains-Bogus claim-Dead person-Reopening of assessment for same reason-Matter was remanded back to Assessing Officer to verify reasons for reopening and only if different reason was given on earlier occasion, Assessing Officer could proceed to finalize impugned reopening proceedings. [S. 10(38), 45, 148, Art. 226]

Krishnakumar J. Desai v. ITO (2022) 288 Taxman 309 (Mad.)(HC)