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-Before passing order under S. 148A(d) the Officer ought to give a personal hearing if requested for by the assessee-Grant of approval by PCIT without application of mind to the form of approval-Order and notice liable to be set aside. [S. 148, 148A(b), 148A(d),149(1)(b), 151 Art. 226].
Nikhil Chandrakant Dharia v. ITO [2024] 469 ITR 262 /151 taxmann.com 117 (Bom) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued by JAO in defiance of section 144B is bad in law. [S. 144B(7), 144B(8)_, 148, 148A(b) 148A(d), Art. 226]
Bharatiya Spinners v. UOI (2024) 301 Taxman 82 (P&H)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Non-resident-Term deposits out of remittances from Dubai-Assessing Officer Vijayanagram had jurisdiction over assessee, notice issued by Assessing Officer, Vapi is in valid-Reassessment notice and order disposing the objection is quashed.[S.10(4)(ii), 148, 148A(b), 148A(d), Art. 226]
Anand Kumar Dugar v. ITO (2024) 301 Taxman 116 (Guj.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Face less assessment-Central charge-International taxation charges-Faceless mechanism would also be applicable to cases of Central Charges and International Taxation charges-Notice issued by JAO is bad in law. [S.144B(2) 148, 151A]
Abhin Anilkumar Shah v. ITO, IT (2024) 301 Taxman 156 /341 CTR 1033 (Bom.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless assessment-Search and seizure-Notice for reopening u/s 148 issued by the Jurisdictional Assessing Officer (JAO)-Scheme of Faceless Assessment framed vide Notification dt. 29–03–2022-Not applied to cases of search and seizure u/s 132-Challenge of notice u/s 148 on the ground that it could have been issued only through automated allocation in faceless manner and not by JAO-Writ petition is dismissed.[S. 132, 148, 148A(b), 148A(d),151A, Art. 226]
Talati and Talati LLP v. ACIT (2024) 301 Taxman 321 / 469 ITR 643(Guj)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Reassessment was concluded on 26-3-2002-Reassessment proceedings on same set of facts is not sustainable.[S. 147, 148, 148A(b) 148A(d), Art. 226]
Jaswant Singh Juneja v. ITO (2024) 301 Taxman 371 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dead person-AO issued notice in the name of deceased assessee in spite of being informed by the petitioner (son of the deceased assessee) to the AO –Notice and subsequent order is quashed and set aside. [S. 148, 148A(b), 148A(d), 226]
Kinshuk Goel Legal Heir v. ACIT (2024) 301 Taxman 306 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Given only two working days to comply the notice-Notice and order is quashed and set aside. [S.148, 148A(b), 148A(d), Art. 226]
Skipper Infrabuilders (P.) Ltd. v. UOI (2024] 163 taxmann.com 10 / 471 ITR 406 (Cal) (HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Dissolution of firm- AO issued notice u/s 148A in the name of assessee firm on 09-02-2023 which was dissolved w.e.f. 31-03-2016-Notice u/s 148 and subsequent order u/s 148A (d) were to be quashed and set aside. [S. 148, 148A(b), 1488A(d), Art. 226]
Nathalal Hemabhai Patel v. ITO (2024) 301 Taxman 302 (Guj)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued by JAO is in contravention of faceless mechanism provided under section 151A-is bad in law.[S.148, 148A(b) 148A(d) 151A(2) Art. 226]
Future Generali India Insurance Co. Ltd. v. ACIT (2024) 301 Taxman 189 (Bom)(HC)