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-Power to transfer cases-Transfer order dated 11-1-2023-Case of petitioner was transferred from Vadodara to Ahmedabad-Assessing Officer at Vadodara had no jurisdiction to issue notice under section 148A for re-opening of assessment is not valid-Once NCLT approved application filed under IBC, 2016 and resolution plan was also approved, Assessing Officer would not have any jurisdiction to re-open assessment with regard to assessment year 2019-20 [S. 127(2), 127(3), 148, 148A(b) 148A(d), Insolvency and Bankruptcy Code, 2016, 10, Art. 226]

Maruti Koatsu Cylinders Ltd. v. Dy. CIT (2024) 300 Taxman 388 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Investigation was shared to the petitioner-Sufficient time was allowed to file the reply-Sanction was granted-Notice is valid-Writ petition is dismissed.[S. 148, 148A(b) 148A(d) 151(2), Art. 226]

Mandakini Travels and Tours (P.) Ltd. v. UOI (2024) 300 Taxman 278 (Uttarakhand)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Opportunity of hearing-Order passed without giving an opportunity of hearing is quashed and set aside.[S. 148A(b) 148A(d), Art. 226]

Pratima Halder v. UOI (2024) 300 Taxman 226 / 468 ITR 23 (Cal.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

L and T Finance Ltd. v. Asst. CIT (2024) 300 Taxman 531 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Everest Kanto Cylinder Ltd. v. Asst. CIT (2024) 300 Taxman 190 / 469 ITR 430 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Future Market Networks Ltd. v. Asst. CIT (2024) 300 Taxman 480 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A(2), Art.226]

Vidhyadhar Shetty v. ITO (2024) 300 Taxman 185 (Bom.)(HC)

S. 143(3) :Assessment – Reassessment – Notice – Principle of natural justice – Alterative remedy – Non – existent company – Assessment order is up loaded – Cash deposits – Notices were served on assessee’s Chartered Accountant through e-mail Id which is registered by assessee with Income-tax Department – Writ petition is dismissed – Liberty is granted to assessee to appeal against assessment order made in pursuance of impugned notices on all grounds . [ S. 147, 148 , Art . 226 ]

Chowgule Industries (P.) Ltd. v. ACIT[2022] 142 taxmann.com 472 (Bom) ( HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Cash deposit-Demonetaisation-Sanction is mechanical without application of mind-CIT(A) deleted the addition-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S. 69A, 119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]

Samp Furniture (P.) Ltd. v. ITO (2024) 300 Taxman 452 (Bom.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Jurisdiction-Notices issued by Jurisdictional Assessing Officer (JAO)-Re-assessment proceedings initiated without conducting faceless assessment as envisaged under section 144B-Contrary to provision of law-Notice and order is quashed.[S.119,120, 144B(7), 144B(8), 148, 1488A(b), 148A(d)),151A, Art.226]

Surya Cotspin Ltd. v. PCCIT (2024) 300 Taxman 613 (P&H)(HC)