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-Provision of certain amount towards restatement of liability in foreign currency-Reassessment is valid Finding of fact given by Tribunal cannot be disturbed in appeal before the High Court.[S.37(1), 148, 254(1), 260A]
Costal Energy (P.) Ltd. v. Dy. CIT (2024) 301 Taxman 51 (Mad.) (HC)
S. 147 : Reassessment –With in four years-Purchase and sale of land-Audit objection-Business income or capital gains-No fresh, tangible information-Reassessment notice and order disposing the objection is quashed.[S.28(i), 45, 148, Art. 226]
Nanubhai Vashrambhai Ramolia v. ACIT (2024) 301 Taxman 199 (Guj)(HC)
S. 147 : Reassessment-Long term capital gain-Limited scrutiny-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S.54F,143(3), 148, Art. 226]
Hareshkumar Bhupatbhai Panchani v. ITO (2024) 301 Taxman 363 (Guj)(HC)
S.147: Reassessment-After the expiry of four years-Capital asset –Agricultural land-Agricultural and situated beyond municipal limits, same did not come within ambit of section 2(14)(iii)(a)-No capital gain is liable to be taxed.[S. 2(14)(iii)(a), 45, 143(3), 144, 148, Art. 226]
Dinesh Singla v. ACIT (2024) 301 Taxman 432 (P&H)(HC)
S.147: Reassessment-After the expiry of four years-No failure to disclose material facts-G.P rate of unrecorded transactions were recorded at 7.5% as against G.P rate of 12.5 % in respected recorded transactions-Reassessment notice and order disposing the objection is quashed. [S.143(3), 148, Art. 226]
Susheel Kumar Shankarlal v. ITO (2024) 301 Taxman 61 (MP)(HC)
S.147: Reassessment-After the expiry of four years-Bogus bills-Accommodation entries-Book profit-Adding the amount calculated by Assessing Officer towards escaped income amount computed under ordinary provision of Act amounted would be less than the amount paid as per book profit-Notice and order disposing the objection is quashed. [S.115JB,143(3), 148, Art. 226]
Adani Wilmar Ltd. v. ACIT (2024) 301 Taxman 84 (Guj.)(HC)
S.147: Reassessment-After the expiry of four years-notice under section 148 issued to examine the issue already verified during the course of assessment proceedings-No failure on the part of assessee-Notice is invalid.[S.28(i), 148, Art.226]
Aavkar Projects (Tragad LLP) v. Dy. CIT (2024) 301 Taxman 122 (Guj.)(HC)
S.147: Reassessment-After the expiry of four years-Agricultural land-Capital gains-No new tangible materials or evidences-Change of opinion-Reassessment notice and order disposing the objection is quashed. [S. 45, 54B,54F, 143(3), 148, Art. 226]
Kiritbhai Parshottambhai Patel v. ACIT (2024) 301 Taxman 219 (Guj)(HC)
S.147: Reassessment-After the expiry of four years-Cash credits-Notice under section 148 issued relying on the information received from investigation wing without making any further inquiry-Notice is void ab initio.[S. 68, 148, Art.226]
Well Trans Logistics India (P.) Ltd. v. Addl. CIT (2024) 301 Taxman 11 (Delhi)(HC)
S.147: Reassessment-After the expiry of four years-Business connection-Survey-Failure to deduct tax at source-Except for one, all other affiliates did not have a Permanent Establishment in India-Reassessment notice and order disposing the objection is quashed OECD Model Convention-Art. 5. [S.9(1)(i)),40(a(i), 133A, 148 195,201(1), Art. 226]
Honda Cars India Ltd. v. DCIT (2024) 301 Taxman 653 (Delhi)(HC)