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Search Results for "income escaped assessment"

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High Court

Gujarat High Court Quashes Reassessment Notice Against Elderly Housewife in Income Tax Case — Lack of Jurisdictional Satisfaction and Non-Application of Mind. Reopening of Assessment Under Section 147/148 of Income Tax Act, 1961 Set Aside as Notice Was Issued Without Proper Inquiry and Without Considering Petitioner's Status as Non-Filer.

30 Mar 2026

The petitioner, Muktaben Jadavjibhai Patel, an elderly housewife with no regular source of income, had never obtained a PAN or filed any return of inc...

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

Bombay High Court Quashes Reassessment Notice for Club Membership Fees as Revenue Expenditure. Payment of entrance and subscription fees to Willington Sports Club held to be revenue expenditure, not capital expenditure, as it was for short-term membership renewal and did not create an enduring benefit.

13 Oct 2023

The petitioner, Swiss Re Services India Pvt Ltd, filed a writ petition challenging a notice dated 29 March 2010 issued under Section 148 of the Income...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Being Time-Barred — Notice Issued Beyond Four-Year Limitation Period Without Proper Sanction. Reassessment Notice for AY 2019-2020 Issued on 12.04.2023 Held Without Jurisdiction as It Exceeded Limitation Under Section 149(1)(b) of Income Tax Act, 1961.

1 Aug 2023

The petitioner, Kartik Sureshchandra Gandhi, a businessman, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Lack of Independent Application of Mind. Reopening Based on Borrowed Satisfaction from Search Action Without Proper Inquiry Held Invalid Under Section 148A of Income Tax Act, 1961.

13 Mar 2023

The petitioner, Anurag Gupta, an individual, filed his return of income for assessment year 2018-19 under Section 139(1) of the Income Tax Act, 1961, ...

High Court

Bombay High Court Quashes Reassessment Notice Issued to Non-Existent Company Post-Amalgamation — Notice Under Section 148 of Income Tax Act, 1961 Invalid as Issued to Entity No Longer in Existence. Amalgamation Resulted in Dissolution of Transferor Company, Making Notice Void Ab Initio.

10 Feb 2023

The Petitioner, CLSA India Private Limited, challenged a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961, and the co...

High Court

Bombay High Court Quashes Reassessment Notice Issued to Dead Person Under Income Tax Act — Notice Issued After Death Without Substituting Legal Heir Is Null and Void. Notice under Section 148 of the Income Tax Act, 1961 issued in the name of a deceased assessee is invalid and cannot be cured.

15 Feb 2022

The petitioner, Raniben Khimji Patel, is the legal heir of Khimji Karamshi Patel who died on 2nd March 2021. The Income Tax Department issued a notice...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

High Court

High Court of Bombay at Goa Dismisses Revenue's Appeal Due to Low Tax Effect and Refuses to Reconsider Framing of Additional Substantial Question of Law. The Court held that a coordinate bench cannot reconsider an earlier refusal to frame a substantial question of law, and the Revenue's circular not to contest matters with disputed tax less than ₹1 crore applies.

13 Oct 2020

The Revenue (Commissioner of Income Tax) appealed against the order of the Income Tax Appellate Tribunal dated 4 September 2014. The High Court admitt...

High Court

Karnataka High Court Quashes Penalty Orders in KVAT Act Case for Lack of Jurisdiction and Violation of Natural Justice. Penalty under Section 53(8) of KVAT Act cannot be imposed without assessment and opportunity of hearing.

3 Apr 2018

The petitioner, M/s B.L. Kashyap & Sons Ltd., a company engaged in civil works contracts, challenged orders dated 8.9.2017 passed by the Joint Commiss...

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