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-Statement recorded in course of search-Admission by person in control of Company-Suppression of sales-Statement not retracted-Reassessment notice is valid. [S. 132(4), 148]

APS Steel Pvt. Ltd v. ITO (2021) 91 ITR 25 (SN) (Bang.)(Trib.)

S. 147 : Reassessment-Capital gains-non-application of mind by Assessing Officer-No reason to believe income had escaped assessment-Reassessment not valid-Provisional assessment-No provision for making provisional assessment order-Addition based on solely on report of District Valuation Officer is not valid-Ad. [S. 50C, 148]

Prithvi Raj Singh v. ITO (2021) 91 ITR 164 (Jaipur)(Trib.)

S. 147 : Reassessment-When no reassessment was made in respect of issue of notice, reassessment cannot be made in respect of other income which has escaped the assessment. [S. 147, Explanation 3, 148(2)]

Interglobal Steels Pvt. Ltd. v. ITO (2021) 91 ITR (Trib)432 (Delhi)(Trib.)

S. 147 : Reassessment-When no reassessment was made in respect of issue of notice, reassessment cannot be made in respect of other income which has escaped the assessment. [S. 147, Explanation 3, 148(2)]

Interglobal Steels Pvt. Ltd. v. ITO (2021) 91 ITR (Trib) 432 (Delhi)(Trib.)

S. 147 : Reassessment-Notice-Assessment framed without issue of notice under section 143(2)-Assessment void ab initio. [S. 143(2), 148]

ITO v. Dipakkumar S. Mehta (2021) 91 ITR 634 (Surat)(Trib.) Deepak S. Mehta v ITO (2021) 91 ITR 634 (Surat)(Trib.)

S. 147 : Reassessment-Opportunity of hearing not granted-Principle of natural justice is violated-Order is not valid-Information from third party-Notice invalid-Notice based on Order of Commissioner of Customs and Excise-Order subsequently quashed-Very basis to support reasons to believe no longer in existence-Proceedings to be quashed. [S. 143(1), 148]

Bansiwala Iron and Steel Rolling Mills v. Dy.CIT (2021) 91 ITR 263 / 214 TTJ 93 (Jaipur)(Trib.)

S. 147 : Reassessment-Opportunity of hearing not granted-Principle of natural justice is violated-Order is not valid-Information from third party-Notice invalid-Notice based on Order of Commissioner of Customs and Excise-Order subsequently quashed-Very basis to support reasons to believe no longer in existence-Proceedings to be quashed. [S. 143(1), 148]

Bansiwala Iron and Steel Rolling Mills v. Dy. CIT (2021) 91 ITR 263 / 214 TTJ 93 (Jaipur) (Trib)

S. 147 : Reassessment-No tangible material-Reassessment is bad in law. [S. 143(1)]

Samrat Plywood Ltd. v. ACIT (2021) 210 TTJ 743 (Chd.)(Trib.)

S. 147 : Reassessment-With in four years-Absence of new or tangible material-Undisclosed money disclosed u/s.132 (4)-Cash deposited in the bank-Re assessment was held to be not valid. [S. 132(4), 148]

Dy. CIT v. Murarilal R. Mittal (2021) 214 TTJ 665 / 208 DTR 17 / 63 CCH 436 (TM) (Mum.)(Trib.)

S. 145A : Method of accounting-Valuation of closing stock-Diminution in value of inventory due to obsolescence-Cost or net realisable value whichever is less-Certificate of Auditor-Addition cannot be made.

Bilcare Ltd. v. ACIT 214 TTJ 880 / (2022) 212 DTR 4 (Pune)(Trib.)