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Search Results for "reassessment proceedings"

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High Court

Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

13 Mar 2012

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

High Court

Bombay High Court Dismisses BMC Appeal in Property Tax Rateable Value Dispute — Upholds Small Causes Court Order Setting Aside Enhancement for Non-Compliance with MMC Act Sections 162(2) and 167. Notice of Enhancement Not Properly Served and No Personal Hearing Given, Violating Principles of Natural Justice.

8 Oct 2013

The case involves an appeal by the Brihanmumbai Mahanagarpalika (BMC) against a judgment of the Court of Small Causes at Mumbai in Municipal Appeal No...

High Court

Bombay High Court Quashes Reassessment Notice Issued to Company That Ceased to Exist After Conversion into LLP — Notice Under Section 148 of Income Tax Act, 1961 Held Invalid as Issued to Non-Existent Entity. The court held that a notice under Section 148 issued to a company that had ceased to exist after conversion into an LLP is void ab initio and cannot be sustained.

3 Nov 2025

The petitioner, Erangal Comtrade and Consultancy LLP, challenged a notice dated 30 March 2021 issued under Section 148 of the Income Tax Act, 1961, se...

High Court

Bombay High Court Quashes Reopening Notice in Income Tax Case Due to Lack of Fresh Material — Mere Change of Opinion Not Sufficient for Reassessment Under Section 147 of Income Tax Act, 1961. The court held that the assessing officer cannot reopen an assessment under Section 147 based on the same return already processed under Section 143(1) without any new tangible material, as it would amount to a mere change of opinion.

14 Dec 2018

The petitioner, an individual, filed his return of income for Assessment Year 2013-14 declaring total income of Rs. 65,51,360/-. The return was accept...

High Court

Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Independent Application of Mind by AO. Dividend Stripping Provision Under Section 94(7) of Income Tax Act, 1961 Not Applicable Where Assessee Suffered Net Loss on Sale of Mutual Fund Units Exceeding Dividend Received.

8 Mar 2024

The petitioner, Karan Maheshwari, an individual investor in shares, stocks, securities, and mutual funds, challenged a show cause notice dated 20 Augu...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material — Prior Assessment Order Set Aside by ITAT Cannot Form Basis for Reopening. Reassessment Notice Based on Same Material Already Adjudicated and Set Aside by Appellate Authorities is Invalid Under Section 148 of Income Tax Act, 1961.

27 Jun 2023

The petitioner, a registered cooperative credit society formed by licensees of a municipal market, was assessable as an Association of Persons. Howeve...

High Court

Bombay High Court Quashes Reassessment Notice Issued to Non-Existent Entity After Amalgamation. Notice under Section 148 of Income Tax Act, 1961 issued in name of amalgamated company held invalid as entity ceased to exist.

27 Jun 2023

The petitioner, Bennett Coleman and Company Ltd., challenged a notice dated 31st March 2021 issued under section 148 of the Income Tax Act, 1961 for t...

High Court

Bombay High Court Dismisses Petition Challenging Income Tax Reassessment Notices Under Section 148 of Income Tax Act, 1961 — No Jurisdictional Error Found in Reopening of Assessment Beyond Four Years.

22 Apr 2022

The petitioners, Sanjeevkumar Kabra and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aur...

High Court

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reassessment Based on Mere Change of Opinion is Invalid. The court held that where the Assessing Officer had already considered the issue of set-off of short-term capital gain during scrutiny assessment, reopening after four years without fresh material is impermissible.

31 Aug 2021

The petitioner, First Source Solutions Limited, engaged in contact centre and transaction processing services, had two SEZ units for AY 2012-13. The P...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind by AO. Reassessment based on borrowed satisfaction from investigation wing without forming own belief is invalid.

4 Dec 2021

The petitioner, Skoda Auto Volkswagen India Private Limited, challenged a notice dated 23rd March 2011 issued under Section 148 of the Income Tax Act,...

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