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. 148 : Reassessment-Notice-Name struck off from register of companies and dissolved with intimation to assessing officer-on date of notice of reassessment, assessee no longer in existence-notice and consequential order invalid. [S. 144, 147]

S. M. Buildtech Pvt. Ltd. v. ITO (2021) 91 ITR 42 (SN) (SMC) (Delhi)(Trib.)

S. 148 : Reassessment-Notice-No reasons are recorded and served before issuing the notice-Re assessment proceedings and consequential orders are quashed. [S. 143(2), 147]

Puspanjali Mishra (Smt.) v. ITO (2021) 210 TTJ 246 / 199 DTR 261 (SMC) (Cuttack) (Trib.)

S. 147 : Reassessment-Medical institution-Notice issued on ground registration cancelled from inception-Order cancelling registration set aside by Tribunal and registration restored-Reassessment not sustainable. [S. 10(23C)(iiiae), 12A, 12AA, 148]

Bhai Hospital Trust v. ITO (E) (2021) 91 ITR 77 (SN) (Delhi)(Trib.)

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)