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. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Rejection of rectification application-Violation of principle of natural justice-Notice and assessment order was quashed-Cost was imposed on the Revenue-The respondents were directed to pay cost of Rs. 50,000 to the assessee. [S. 147, 148, 148A(b), 148A(d), 154, Art. 226]
Nabco Products Pvt. Ltd. v. UOI (2022) 447 ITR 439/ 217 DTR 997 / 328 CTR 267 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider the reply of assessee-Verification-Order and subsequent notice for reopening of assessment was quashed-Matter was remanded to pass a fresh reasoned order. [S. 147, 148A(b), 148A(c), 148A(d), Form, 26AS, Art. 226]
First Solar Power India Pvt. Ltd. v. ACIT (2022) 447 ITR 337 / 327 CTR 102 / 288 Taxman 267/ 214 DTR 321 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No material or report produced which was basis for information to reopen assessment-Order and notice quashed and set aside-Department given liberty to furnish additional materials in support of allegations made in show-cause notice and proceed in accordance with law. [S. 147, 148, 148A(b), 148A(d), Art. 226]
BEST Buildwell Pvt. Ltd. v ITO (2022) 447 ITR 26 / 216 DTR 454 / 288 Taxman 670 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Conducting an enquiry is mandatory-Failure to consider reply to show cause notice-Order and subsequent notice was quashed-Matter remanded. [S. 147, 148, 148A(b), 148A(c),148A(d), Art.226]
Aten Capital Pvt. Ltd. v. ACIT (2022) 447 ITR 346 / 326 CTR 878/ 288 Taxman 570 / 214 DTR 149(Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposited-Notice after three years-Material available on record-Less than 50 Lakhs-Notice not valid. [S. 148, 148(a)(d), 149, Art. 226]
Abdul Majeed v. ITO (2022) 447 ITR 698 / 327 CTR 733 / 216 DTR 305/ 289 Taxman 304 (Raj.)(HC)
S. 148 : Reassessment-Notice-Liberty to assessee to file return under protest within one month without prejudice to his rights and contentions and seek reasons recorded-Order of High Court is affirmed with direction. [S. 147, Art. 226]
Nusli N. Wadia v. ACIT (2022) 447 ITR 376 / 289 Taxman 80 (SC) Editorial : Nusli N. Wadia v. ACIT (2022) 447 ITR 363 (Bom.)(HC), affirmed with direction
S. 147 : Reassessment-No objection raised to notice of reassessment in the assessment and appeal before CIT(A)-Participating in reassessment proceedings-Tribunal considering material on record and upholding reassessment proceedings-Order of Tribunal is up held. [S.143(1), 148, 260A]
Ranjitsinh K. Rathod v. ITO (2022)447 ITR 690 (Guj.)(HC)
S. 147 : Reassessment-Subsequent discovery by Income-Tax Investigation wing that transaction was bogus-The notice of reassessment is valid. [S. 148, Art. 226]
Pushpa Uttamchand Mehta v. ITO (2022) 447 ITR 476 / 287 Taxman 483 (Guj.)(HC)
S. 147 : Reassessment-Order passed without considering objections to notice of reassessment-Order not valid. [S. 148, Art. 226]
Kalupur Commercial Co-Operative Bank Ltd. v. ACIT (2022) 447 ITR 630 (Guj.)(HC)
S. 147 : Reassessment-Material leading to prima facie belief that income had escaped assessment-Reassessment notice is valid. [S. 148, Art. 226]
Distributors India’s Logistics v. UOI (2022) 447 ITR 615 / 288 Taxman 594/(2023) 334 CTR 713 (All.)(HC)