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-Right of personal hearing-Mandatory-CBDT circular is binding on the Department-Order was set aside. [S. 148, Art, 226]

Beboy Joseph John v. ACIT (2023)451 ITR 447 (Mad.)(HC)

S. 148 : Reassessment-Notice-Assessment-Company struck off Register and restoration of registration subsequently-Company deemed to be in existence even during the period when it was struck off Register-Petition being not bonafide, the petitioner was directed to deposit the Cost of Rs.50000 with the Delhi High Court Legal Services committee. [S. 143(3), Companies Act, 2013, S. 252(3), 248]

Ravinder Kumar Aggarwal v. ITO (2023) 451 ITR 100 (Delhi)(HC)

S. 148 : Reassessment-Notice-Merger-Amalgamation-Notice Issued against non-existent entity-Notice void ab initio and unsustainable. [A. 147, Art. 226]

Mehsana Urban Co-Op Bank Ltd. v. ACIT (2023)451 ITR 514 /292 Taxman 187 (Guj.)(HC)

S. 147 : Reassessment-Within four years-Intangible assets-Depreciation-No new information-Reassessment notice was quashed. [S. 32, 35BB, 148, Art. 226]

Clear Media (India) Pvt. Ltd. v. Dy. CIT (2023)451 ITR 36 (Bom.) (HC)

S. 147 : Reassessment-After the expiry of four years-Amalgamation-Notice of reassessment issued in name of amalgamating company instead of a new company-Reassessment notice and order disposing of the objection was quashed. [S. 148, Art. 226]

Shahlon Silk Industries P. Ltd. v. ACIT (2023) 451 ITR 184 / 223 DTR 253 / 330 CTR 549 / 292 Taxman 18(Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Borrowed satisfaction-Communication from Kolkota-Notice and the disposing objection was quashed [S. 40(a)(ia), 115JAA, 148 Art, 226]

Nila Infrastructures Ltd. v. ACIT (2023) 451 ITR 283 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Infrastructure Development-Audit objection-No failure to disclose material facts-Notice of reassessment based on Audit objection-Reassessment notice and order disposing of the objection was quashed. [S. 80IA(4), 115JB, 148, Art. 226]

Saurashtra Infra and Power Pvt. Ltd. v. Dy. CIT (2023)451 ITR 51 /149 taxmann.com 388 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Advertisement and sales promotion-Notice should specify material not disclosed-No failure to disclose material facts-Reassessment notice is bad in law. [S. 148, Art. 226]

Asian Paints Ltd. v ACIT (2023)451 ITR 45 / 221 DTR 457/ 330 CTR 560/148 taxmann.com 99 (Bom.)(HC)

S. 144B : Faceless Assessment-Amendment by Finance Act of 2022-Does not curtail benefits to the assessee-Amendment valid-Natural justice-Opportunity of the hearing was not granted-Reassessment was not valid-Order was set aside. [S. 144B(7), 144B(9), Art. 226]

Sapna Flour Mills Ltd. v. UOI (2023)451 ITR 521/ (2022) 145 taxmann.com 557 (All)(HC)/Editorial : SLP of assessee is dismissed , Sapna Flour Mills Ltd. v. UOI (2023) 295 Taxman 119 (SC)

S. 144B : Faceless Assessment-Natural justice-Requests for extension of time to file a reply and personal hearing was not responded-Assessment order, notices of demand and penalty notice were set aside. [S. 143(3), 156, 270A, 274, Art. 226]

Parul Bharat Shah v. NFAC (2023) 451 ITR 360/ 291 Taxman 294 (Bom.)(HC)