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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

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 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

Bombay High Court Allows Petitions Challenging Property Tax Reassessment by Municipal Corporation — Reassessment Without Proper Notice and Opportunity of Hearing Violates Principles of Natural Justice. The Court held that reassessment of property tax under Sections 129 and 132 of the Maharashtra Municipal Corporations Act, 1949 requires prior notice and hearing, and failure to do so renders the reassessment invalid.

18 Apr 2026

The petitioners, Nav Maharashtra Shikshan Sanstha Society and Akuj Charitable Trust Society, filed two writ petitions challenging the reassessment of ...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Independent Enquiry — Mere Borrowing of Reasons from Investigation Report Without Application of Mind Invalidates Reassessment. The Court held that the Assessing Officer must form his own 'reason to believe' and cannot mechanically adopt reasons from investigation reports without independent application of mind.

8 Mar 2023

The Petitioner, Digi1 Electronics Pvt. Ltd., is a company engaged in trading electronic appliances. It filed its return of income for Assessment Year ...

High Court

Bombay High Court Allows Tax Appeal in Expenditure Tax Reassessment Case Due to Non-Compliance with Natural Justice Principles. Reassessment Order Set Aside for Failure to Furnish Reasons and Dispose Objections as Mandated by GKN Driveshaft.

30 Aug 2019

The appellant, Fomento Resorts & Hotels Ltd., filed a return under the Expenditure Tax Act, 1987 for assessment year 1997-98 showing nil chargeable ex...

High Court

Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

28 Aug 2024

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

High Court

Karnataka High Court Dismisses State's Revision Petitions in Agricultural Income Tax Reassessment Cases — Reassessment Notices Issued Beyond Limitation Period Invalid. The court held that reassessment proceedings under Section 35 of the Karnataka Agricultural Income Tax Act, 1957 must be initiated within the prescribed limitation period, and failure to do so renders the notice invalid.

25 Mar 2014

The case involves multiple civil revision petitions filed by the State of Karnataka against orders of the Karnataka Appellate Tribunal allowing appeal...

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 ...

High Court

Bombay High Court Allows Writ Petition Challenging Property Tax Reassessment Under Mumbai Municipal Corporation Act, 1888 — Reassessment Based on Capital Value Method Without Proper Notice and Opportunity of Hearing Set Aside. Court Held That Reassessment Must Be Based on Fair Market Value as on 1st April 2010 and Not on Arbitrary Valuation.

29 Jul 2019

The petitioners, residents of Narsinha Prasad Building and Narsinha Prasad Annex Building in Vile Parle (East), Mumbai, challenged the reassessment of...

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