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
Click here to download the pdf versions of the Digest of case laws

S. 148 : Reassessment-Notice-Notice was issued prior approval of Additional Commissioner-Notice was quashed. [S. 147, 151(2), Art. 226]

River Valley Meadows and Township (P.) Ltd. v. Dy. CIT (2022) 284 Taxman 536 (Bom.)(HC)

S. 147 : Reassessment-Within period of four years-Change of opinion-Foreign remittance-Failure to deduct tax at source-No failure to disclose material facts-Issue was considered in the original assessment proceedings-Not specifically dealt in the assessment order-Reassessment notice was quashed. [S. 14, 40(a)(i), 90, 91, 92CA(3), 143(3), 148, 195, Art. 226]

Oracle Financial Services Software Ltd v. Dy. CIT (2022) 210 DTR 33 / 325 CTR 95 (Bom.)(HC)

S. 147 : Reassessment-With in four years-No new tangible material-Reason recorded and reasons stated in objections disposing the objection are different-Reassessment notice was quashed. [S. 2(47), 47(iv), 47A, 143(3), 148, Art. 226]

Great Eastern Shipping Co. Ltd. v. NFAC (2022) 211 DTR 442 / 327 CTR 482 (Bom.) (HC)

S. 147 : Reassessment-After the expiry of four years-Survey-No failure to disclose material facts-Information from DDIT-Borrowed satisfaction-Documents of report relied on must be furnished along with recorded reasons-Principle of natural justice-Judgements relied on without bringing notice to the assessee-Reasons cannot be improved or supplemented-Reassessment notice was quashed [S. 133A, 148, Art. 226]

Patel Engineering Ltd. v. Dy. CIT (2022) 210 CTR 185 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Leave and licence agreement-Income from house property-Developing and running shopping mall-Income from business-No failure to disclose any material facts-Change of opinion-Notice issued by succeeding Assessing Officer-Notice was quashed. [S. 148, Art. 226]

Upal Developers Pvt. Ltd. v. Dy. CIT (2022) 441 ITR 636 / 211 DTR 196 / 134 taxmann.com 113 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Transfer pricing-Notice stating that fact had not been disclosed-Mere statement that there had been failure to disclose material facts is not sufficient-Reassessment notice on the basis of change of opinion was quashed. [S. 92CA(3), 143(3), 148, Art. 226]

Skoda Auto Volkswagen India Private Limited v. ACIT (2022) 441 ITR 74 /217 DTR 427 / 134 taxmann.com 96 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Set off of unabsorbed depreciation or business loss-Book profit- No new Tangible material-Notice and order rejecting objection raised by Assessee was set aside. [S. 115JB, 143(3), 148, Art. 226]

Dentsu Aegis Network Marketing Solutions Pvt. Ltd. v. ACIT (2022) 441 ITR 41 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-The documents and submissions which were available before the AO, before passing of the original assessment order;-Not even a whisper as to what was not disclosed-Reassessment notice was quashed. [S. 148 Art, 226]

Vodafone Idea Ltd. v. ACIT (2022) 211 DTR 99 / 325 CTR 241 / 285 Taxman 381 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Real estate agent-ITS data-Non disclosure of turnover-Details were furnished in the scrutiny assessment-Reassessment notice was quashed. [S. 69, 148, Art. 226]

Monarch & Qureshi Builders v. UOI (2022) 284 Taxman 643 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Sale of shares-Judgement relied was existence before passing of original assessment order-Error due to oversight-Issue discussed and considered by the Assessing officer-Reassessment notice was quashed. [S. 54EC, 132, 143(3), 148, 153A, Art. 226]

Ashraf Alibhai Nathani v. ACIT (2022) 211 DTR 336 (Bom.)(HC)