Search Results for "reassessment proceedings"

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Search Results for "reassessment proceedings"

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High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Reassessment Case — Reopening Based on Change of Opinion Invalid. ITAT Correctly Held That Reassessment Under Section 147 Was Not Justified as There Was No Failure to Disclose Material Facts.

31 Jul 2019

The case involves a tax appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which upheld the cancel...

High Court

High Court of Gujarat Quashes Reassessment Order in Income Tax Case Due to Notice Issued Beyond Surviving Time Limit. Reassessment notice under Section 148 issued on 17.08.2022 was held invalid as it exceeded the surviving period of 20.06.2022, in accordance with Supreme Court's directions in Ashish Agarwal and Rajeev Bansal.

3 Mar 2026

The petitioner, an individual assessee, filed a writ petition under Article 226 of the Constitution of India challenging an order passed under Section...

Supreme Court

Supreme Court Dismisses Assessee's Appeal in Income Tax Reassessment Validity Dispute. Notice Under Section 34/148 Not Invalidated by Preamble Error or Pending Return.

19 Aug 1968

The appellant was assessed to income tax for assessment years 1945-46 and 1946-47 under Section 23(3) of the Income-tax Act, 1922. On June 24, 1959, t...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure — Reopening Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts. The court held that a notice under Section 148 issued after four years from the end of the assessment year is invalid if the reasons do not allege that the assessee failed to disclose fully and truly all material facts necessary for assessment.

14 Nov 2005

The petitioner, Mangalore Refinery & Petrochemicals Limited, a public limited company engaged in running a petroleum refinery at Mangalore, filed a wr...

High Court

Bombay High Court Dismisses Revenue's Application in Income Tax Reference — Reassessment Notice Barred by Limitation and Deduction Under Section 80P(2)(a)(i) for Interest on Government Securities Held Against Statutory Reserve Fund by Co-operative Bank is Allowable. The court upheld the Tribunal's finding that the reassessment proceedings initiated under section 148 were time-barred and that the interest income on Government securities is eligible for deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961.

16 Aug 2005

The Commissioner of Income Tax, Mumbai City III, filed an application under section 256(2) of the Income Tax Act, 1961, seeking a reference to the Hig...

High Court

Bombay High Court Decides Appeal Regarding Retrospective Reassessment of Property Tax Under Mumbai Municipal Corporation Act, 1888. Single Judge had Quashed Orders and Demands Reassessing Rateable Value from 1-4-2000.

27 Mar 2006

The Municipal Corporation of Greater Mumbai issued special notices in 2001 and 2002 reassessing the rateable value of Dalamal Tower Premises Co-operat...

High Court

Bombay High Court Quashes Reassessment Notice for Lack of Jurisdiction and Limitation — Income Tax Act, 1961 Sections 147, 148, 148A, 149, 151. Reassessment notice issued beyond limitation period and without fresh information under Explanation 1 to Section 148 is invalid.

28 Feb 2024

The petitioner, Godrej Industries Ltd., challenged a show cause notice dated 24th May 2022 under Section 148A(b), an order dated 31st July 2022 under ...

High Court

High Court of Karnataka Dismisses State's Appeals in VAT Input Tax Credit Dispute — Reassessment Notices Issued Beyond Limitation Period Are Invalid. The court held that reassessment under Section 39(1) of the Karnataka Value Added Tax Act, 2003 must be completed within four years from the end of the relevant tax period, and notices issued after that period are barred by limitation.

31 Aug 2018

The case involves multiple writ appeals filed by the State of Karnataka against orders of a single judge quashing reassessment notices issued under Se...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind — Reopening Based on Borrowed Satisfaction from Investigation Wing Held Invalid

8 Dec 2021

The petitioner, Chhagan Chandrakant Bhujbal, challenged a notice dated 31 March 2019 issued under Section 148 of the Income Tax Act, 1961, for the ass...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

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