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. 151 : Reassessment-Sanction for issue of notice-Errors in Column No.8 and 9 of the Form for re-opening-DCIT,PCIT,CIT to explain the basis on which re-opening was approved when the form had errors-wrong amount was mentioned as income originally assessed-Safeguards provided in Sections 147 and 151 were lightly treated by the Officers-Notice was quashed. [S. 147, 148, Art. 226]

Dilip Bhagirathmal Jiwrajka v. DCIT (Bom.)(HC)(UR) Ashok Bhagirathmal Jiwrajka  v. DCIT (Bom.)(HC)(UR) Surendra  Bhagirathmal Jiwrajka v. DCIT (Bom.)(HC)(UR)

S. 148 : Reassessment-Notice-Amalgamation-Notice was sent to the original assessee despite various communications sent to department informing of the amalgamation and non-existence of the assessee-Notice issued to a non-existing entity is bad in law-Notice was quashed. [S. 147, Art. 226]

TLG India Private Ltd. (As successor to ‘Solutions Integrated Marketing Services Private Ltd.) v. NFAC  ( 2019) 219 DTR 383 / ( 2023) 330 CTR 207 (Bom.)(HC)

S. 148 : Reassessment-Notice-Recorded reasons not provided-Non-application of mind by the Assessing officer-There is no section 148D under the Income-tax Act-Notice and order quashed. [S. 147, 148D, 151, Art. 226]

Davariya Brothers Private Limited v. ACIT (Bom)(HC) (UR)

S. 148 : Reassessment-Notice-Reasons for reopening has blanks-notice not digitally signed-Petitioner has not filed its objections to the notice-Petitioner directed to file its objections within two weeks-The Assessing Officer shall grant a personal hearing and pass an assessment order. [S. 147, 151, Art. 226]

 Sai Enterprises 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)