S. 148 : Reassessment-Notice-Income above 20 Lakhs-ITO has no jurisdiction to issue notice-Notice should be issued by AC / DC as per CBDT instruction No.1/2011. [S. 147, 151, Art. 226]
Ashok Devichand Jain v. UOI (Bom.)(HC)(UR)S. 148 : Reassessment-Notice-Income above 20 Lakhs-ITO has no jurisdiction to issue notice-Notice should be issued by AC / DC as per CBDT instruction No.1/2011. [S. 147, 151, Art. 226]
Ashok Devichand Jain v. UOI (Bom.)(HC)(UR)S. 148 : Reassessment-Notice-Notice issued to non-existing entity-Notice invalid-Notice could not be corrected u/s. 292B of the Act. [S. 147, 292B, Art. 226]
Implenia Services and Solutions Pvt. Ltd. v. Dy. CIT (Bom.)(HC) (UR)S. 147 : Reassessment-Change of opinion-Share capital-Share premium-Reasons that the amounts allegedly received from issuing of shares were its own funds-Reopening notice is bad on account of a change of opinion. [S. 148, Art. 226]
Starent Network (India) Private Limited v. DCIT (Bom.)(HC)(UR)S. 147 : Reassessment-Wrong recording of reasons-Recorded reasons refers sale of property-Non application of mind-Notice and order was quashed and set aside. [S. 148, Art. 226]
Rajasthan Udyog and Tools Private Limited v. ACIT (Bom.)(HC)(UR)S. 147 : Reassessment-Change of opinion-Reassessment notice and order was quashed. [S. 115JB, 148, Art. 226]
John Cockerill India Limited v. UOI (Bom.)(HC) (UR)S. 147 : Reassessment-Weighted deduction-Recorded reasons-Added in the assessment order-No failure to disclose fully and truly all material facts-Failure to deal with the objections raised by the petitioner-Reassessment notice and subsequent order was quashed. [S. 35(2AB), 148, Art. 226]
Connectwell Industries Pvt. Ltd. v. DCIT (Bom.)(HC)(UR)S. 147 : Reassessment-With in four years-Waiver of loan-Change of opinion-Query raised during regular assessment proceedings-Order of Tribunal affirmed. [S. 28(iv), 41(1), 148]
PCIT v. EPC Industries Ltd. (Bom.)(HC)(UR)S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Quarries raised during assessment proceedings-Notice is held to be bad in law and quashed. [S. 148, Rule 11UA, Art. 226]
Naroli Resorts Private Limited v. ACIT (Bom.)(HC)(UR)S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Not dealt with any of the submissions-Referred 68 case laws without stating how the case laws are applicable to the facts of the petitioner-Reassessment notice is bad in law [S. 148, Art. 226]
Hitech Corporation Ltd. (Formerly known as Hitech Plast Ltd.) v. ACIT (Bom.)(HC)(UR)S. 147 : Reassessment-After the expiry of four years-Deemed dividend-No failure to disclose truly and fully material facts-Referred 68 cases laws however not stated how case laws are applicable to the facts-The Order was quashed by observing that the Faceless Assessing Officer has wasted his time in writing unsustainable order on objects. [S. 2(22)(e), 148, Art. 226]
Hanwant Manbir Singh v. Dy. CIT (Bom.)(HC)(UR)