Union of India v. Ashish Agarwal

444 ITR 1Supreme Court of India2022#126 most cited

What is Union of India v. Ashish Agarwal authority for?

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

524

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2022 to 2026.

Also referred to as

Union of India v. Ashish Agarwal · Section 148 notice validity · reassessment notices after April 1 2021 · amended reassessment provisions · Section 148A(b) conversion · Article 142 directions · unamended Section 148 · reopening assessment procedure · Section 148A(d) order · time limit for reassessment

Also reported as

138 Taxmann.com 642022 SCC OnLine SC 543286 Taxmann 1831 SCC 617

Sections most often in play

Section 148Section 147Section 148ASection 151Section 149Section 144BSection 143(3)Section 250
Read the full judgment

Issues it is cited on

section 149a(c)section 149a(d)section 148a(c)section 149asection 151(i)section 148 noticesection 149(1)(a)section 148a(a)section 3(1)section 151(ii)order under section 148a(d)section 149(1)

Judgments citing Union of India v. Ashish Agarwal

Yogesh Ashok Mundade, Mumbai vs. Income Tax Officer Ward, 11(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 5084/MUM/2024[2014-15]Status: DisposedITAT Mumbai06 Jan 2025AY 2014-15

Bench: Sandeep Singh Karhail, Hon’Ble

For Appellant: Shri Hitesh M. Shah, C.AFor Respondent: Shri Pushkaraj Bhangepatil, Sr. D/R
Section 147Section 148Section 148ASection 149Section 69A

…is under challenge. We find that first notice u/s 148 of the Act was issued on 29/06/2021 and the proceedings were closed on 16/01/2023. Thereafter, pursuant to the decision of the Hon’ble Supreme Court in the case of Union of India vs. Ashish Agarwal [2023] 1 SCC 617, proceedings u/s 148AD was initiated by issuance of notice dated 29/07/2022. The challenge of the assessee is that the impugned notices have been issued beyond the time limit of six years which expired on 31/03/2021. 6. We find that now this issue has been settled by the decision of the Hon’ble Supreme Court in the case of UOI vs. Rajeev Bansal in…

Arnab Kumar Goswami, Kolkata vs. I.T.O., Ward - 62(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1710/KOL/2024[2017-2018]Status: DisposedITAT Kolkata01 Jan 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1710/Kol/2024 Assessment Year: 2017-18 Arnab Kumar Goswami……….. ……..…..…………………....Appellant Flat – 1C, Subham Apartment, Narayantala East, Baguiati, Kolkata – 700059. [Pan: Ahbpg0395G] Vs. Ito, Ward-62(1), Kolkata…. ….…….…............................…..…..... Respondent Appearances By: Shri Dilip Sahu, Ar, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Drs, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2024 Date Of Pronouncing The Order : January 01, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee Is An Individual & Filed His Return Of Income U/S 139(1) Of The Act By Declaring Total Income Of Rs.3,52,310/- During The Relevant Assessment Year. The Assessee Purchased An Immovable Property At Rajarhat At Sale Consideration Of Rs.25,00,000/-. However, The Stamp Duty Value Of The Property As Per Deed Of Conveyance Dated 05.09.2016 Was Rs.35,36,655/-. The Difference Of Rs.10,36,655/- Was Splitted Between The Assessee & His Spouse Amounting To Rs.5,18,327/-. Accordingly, The Assessing Officer Invoked Section 56(2)(Vii) Of The Act & Added Rs.5,18,327/- To The Total Income Of The Assessee As ‘Income From Other Sources’ While Framing Assessment. The

Section 139(1)Section 148Section 149(1)Section 149(1)(b)Section 151Section 151(1)Section 250Section 56(2)(vii)

…आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. No.1710/Kol/2024 Assessment Year: 2017-18 Arnab Kumar Goswami……….. ……..…..…………………....Appellant Flat – 1C, Subham Apartment, Narayantala East, Baguiati, Kolkata – 700059. [PAN: AHBPG0395G] vs. ITO, Ward-62(1), Kolkata…. ….…….…............................…..…..... Respondent Appearances by: Shri Dilip Sahu, AR, appeared on behalf of the appellant. Shri Somnath Das Biswas, Sr. DRs, appeared on behalf of the Respondent. Date of c…

Ashok Amratlal Shah, Mumbai vs. ITO Ward 42(1)(1), Mumbai

In the result, the appeals of the assessee bearing ITA Nos

ITA 4286/MUM/2024[2015-16]Status: DisposedITAT Mumbai31 Dec 2024AY 2015-16

Bench: Shri.B.R. Baskaran & Shri Anikesh Banerjee- A.Y. 2015-16 - A.Y. 2016-17 - A.Y. 2017-18

For Appellant: Ms. Kinjal BhutaFor Respondent: Shri Ram Krishn Kedia (SR DR)
Section 115BSection 132Section 139(1)Section 144BSection 147Section 148Section 148ASection 149Section 151Section 151A

…suant to this information, proceedings under Section 147 were initiated, and a notice under Section 148 was issued on 23/06/2021, under the old legal framework. However, in light of the Hon’ble Supreme Court's ruling in Ashish Agarwal v. Union of India (2022) 138 Taxmann.com 64, dated 03/05/2022, the Ld. AO issued a fresh notice under Section 148A(b) on 30/05/2022, providing the assessee an opportunity to comply under the updated procedural framework of Section 148A of the Act.Subsequently, an order under Section 148A(d) was passed, and a notice under the revised provisions of Section 148 was issued on 30/06/2022…

ACIT-15(3)(2), Mumbai vs. Surya Ferrous Alloys Pvt Ltd, Navi Mumbai

In the result, appeal of the Revenue is dismissed and cross objection of the assessee is allowed

ITA 1406/MUM/2024[2017-15]Status: DisposedITAT Mumbai24 Dec 2024AY 2017-15

Bench: Ms Kavitha Rajagopal & Shri Girish Agrawalassessment Year: 2017-18

For Appellant: Shri Ajay R Singh, Advocate and Shri Akshay Pawar, AdvocateFor Respondent: Shri Pushkaraj Bhangepatil, Sr.DR
Section 144Section 144BSection 148Section 148ASection 151Section 151ASection 40A(3)

…was issued on 22.04.2021. The said notice became deemed to be notice issued u/s.148A(b) (under new regime introduced by Finance Act, 2021) of the Act, pursuant to the directions of Hon’ble Supreme Court in the case of Union of India vs. Ashish Agrawal (2022) 444 ITR 1(SC). To comply with the directions of Hon’ble Supreme Court, a notice u/s.148A(b) was issued on 20.05.2022. Ld. Assessing Officer, subsequently passed order u/s.148A(d) on 30.07.2022 by not accepting the claim of the assessee furnished by it, in its reply dated 31.05.2022 and 08.07.2022. While holding that it is fit case for issuing a notice u/s.14…

ITO, Ward-2(2), Kalyan vs. Hareshkumar Jethanand Tikmani, Ulhasnagar

In the result, appeal of the revenue is dismissed

ITA 4843/MUM/2024[2015-16]Status: DisposedITAT Mumbai19 Dec 2024AY 2015-16

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Ms. Manisha Ghind, A/RFor Respondent: Shri Hemanshu Joshi, Sr. D/R
Section 148Section 148ASection 149Section 3(1)Section 6

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHAIL, HON’BLE JUDICIAL MEMBER I.T.A. No. 4843/Mum/2024 Assessment Year: 2015-16 ITO, Ward-2(2), Kalyan Hareshkumar Jethanand Tikmani, Ulhasnagar Vs Flant No. 305, Hardwar Apartment Link Road Ulhasnagar Maharashtra - 421002 [PAN: AEAPT4001N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Ms. Manisha Ghind, A/R Revenue by : Shri Hemanshu Joshi, Sr. D/R सुनवाई की तारीख/Date of Hearing : 19/12/2024 घोषणा की तारीख /Date of Pronounc…

Pushpadevi Shivlal Rathi, Jalna vs. ITO Ward-1, Jalna

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1995/PUN/2024[2017-18]Status: DisposedITAT Pune04 Dec 2024AY 2017-18

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.1995/Pun/2024 "नधा"रण वष" / Assessment Years : 2017-18

For Appellant: Shri Shubham N. Rathi &For Respondent: Shri B.S.Rajpurohit
Section 147Section 148Section 148ASection 149Section 197Section 250Section 69A

…g the year 2020-21. Further since various litigations across the country regarding validity of notice u/s.148 of the Act, Hon’ble Apex Court clubbing various judgments of Hon’ble High Courts in the Case of Union of India Vs. Ashish Agrawal & others (2022) 444 ITR 1 (SC) decided the issue but subsequently the issue was again taken up by Hon’ble Supreme Court in the case of Union of India Vs. Rajeev Bansal (supra) laying down certain guidelines which have been reproduced above. As per the judgment of Hon’ble Supreme Court Union of India Vs. Rajeev Bansal (supra), it was held that if any notice u/s.148 of the…

ACIT - 5(3)(1), Mumbai vs. Rishabh Diamond Pvt. Ltd., Mumbai

ITA 1295/MUM/2024[2014-15]Status: DisposedITAT Mumbai29 Nov 2024AY 2014-15

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri Krishnakumar (Sr.DR)
Section 115JSection 133(6)Section 143(3)Section 147Section 148Section 149Section 250Section 68

…basis that income to the extent of Rs.6,50,00,000 chargeable to tax has escaped assessment within the meaning of section 147 of the Act. Pursuant to the decision of the Hon'ble Supreme Court in the case of Union of India vs. Ashish Agarwal, reported in (2022) 444 ITR 1 (SC), notice dated 29.06.2021 issued under section 148 of the Act was deemed to have been issued under section 148A of the Act, as substituted by the Finance Act, 2021, and was construed to be a show cause notice in terms of the provision of section 148A(b) of the Act. In view of the aforesaid decision of the Hon'ble Supreme Court in Ashish Agarwal…

Hcl Technologies Mexico S De Rl De Cv, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, all the three appeals of the assessee are

ITA 2303/DEL/2024[2017-18]Status: DisposedITAT Delhi28 Nov 2024AY 2017-18

Bench: Ms Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Neeraj Jain, AdvFor Respondent: Ms. Surbhi Sharma, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 153(2)

…red on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal[2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 2.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Hcl Technologies Mexico S De Rl De Cv, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, all the three appeals of the assessee are

ITA 2302/DEL/2024[2016-17]Status: DisposedITAT Delhi28 Nov 2024AY 2016-17

Bench: Ms Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Neeraj Jain, AdvFor Respondent: Ms. Surbhi Sharma, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 153(2)

…red on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal[2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 2.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Hcl Technologies Mexico S De Rl De Cv, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, all the three appeals of the assessee are

ITA 2301/DEL/2024[2014-15]Status: DisposedITAT Delhi28 Nov 2024AY 2014-15

Bench: Ms Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Neeraj Jain, AdvFor Respondent: Ms. Surbhi Sharma, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 153(2)

…red on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal[2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 2.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Maxis Mobile Services Sdn. Bhd., Malaysia vs. The Assistant Commissioner of Income Tax, Circle 2(2)(1), International Taxation

In the result, the appeal of the assessee in ITA No

ITA 2746/DEL/2024[2014-15]Status: DisposedITAT Delhi14 Nov 2024AY 2014-15

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Kamal Sawhney, AdvFor Respondent: Shri Vijay B. Vasanta, CIT-DR
Section 144Section 144C(1)Section 144C(13)Section 148Section 149Section 234BSection 271(1)(c)Section 56

…sh Dass Khanna 460 ITR 546 wherein it has been held as under: “The notice issued under section 148 was issued for AY 2016-17 on 30 June 2021 and for AY 2017-18 was issued on 28 June 2021. Thereafter, pursuant to the judgment of UOI vs Ashish Agrawal (2022) (444 ITR 1) (SC) order under section 148A(d) was passed. On appeal to the Hon’ble Delhi High Court, it was held that as per the new 148 provision, the time to complete the reassessment proceedings for income which is less than 50 lakhs should be within 3 years from the relevant assessment year. In the instant case the re-assessment proceedings were time-barre…

ITO-10(3)(1), Mumbai vs. Pushpak Realties Pvt Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed

ITA 4816/MUM/2024[2013-14]Status: DisposedITAT Mumbai07 Nov 2024AY 2013-14

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 147Section 148Section 148ASection 3

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.4814/Mum/2024 (Assessment Year :2014-15) & ITO 10(3)(1), Vs. Pushpak Realities Pvt. Ltd. Mumbai 205, Adarsh Industrial 129A, Aayakar Bhavan Estate, Chakala M.K.Road Andheri East Mumbai- 400 020 Maharashtra-400 099 PAN/GIR No.AAFCP3752J (Appellant) .. (Respondent) Assessee by None Revenue by Shri Jayant Jhaveri, CIT DR & Shri Krishna Kumar, Sr.DR Date of Hearing 30/10/2024 Date of Pronouncement 07/11/2024 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeals…

ITO 10(3)(1), Mumbai vs. Pushpak Realties Pvt Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed

ITA 4814/MUM/2024[2014-15]Status: DisposedITAT Mumbai07 Nov 2024AY 2014-15

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 147Section 148Section 148ASection 3

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.4814/Mum/2024 (Assessment Year :2014-15) & ITO 10(3)(1), Vs. Pushpak Realities Pvt. Ltd. Mumbai 205, Adarsh Industrial 129A, Aayakar Bhavan Estate, Chakala M.K.Road Andheri East Mumbai- 400 020 Maharashtra-400 099 PAN/GIR No.AAFCP3752J (Appellant) .. (Respondent) Assessee by None Revenue by Shri Jayant Jhaveri, CIT DR & Shri Krishna Kumar, Sr.DR Date of Hearing 30/10/2024 Date of Pronouncement 07/11/2024 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeals…

ITO 10(3)(1) Mumbai, Mumbai vs. Pushpak Realities Pvt Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed

ITA 4812/MUM/2024[2015-16]Status: DisposedITAT Mumbai07 Nov 2024AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 147Section 148Section 148ASection 3

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.4814/Mum/2024 (Assessment Year :2014-15) & ITO 10(3)(1), Vs. Pushpak Realities Pvt. Ltd. Mumbai 205, Adarsh Industrial 129A, Aayakar Bhavan Estate, Chakala M.K.Road Andheri East Mumbai- 400 020 Maharashtra-400 099 PAN/GIR No.AAFCP3752J (Appellant) .. (Respondent) Assessee by None Revenue by Shri Jayant Jhaveri, CIT DR & Shri Krishna Kumar, Sr.DR Date of Hearing 30/10/2024 Date of Pronouncement 07/11/2024 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeals…

Hcl Technologies Norway As, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, similar grounds of appeal, in all the captioned

ITA 2300/DEL/2024[2015-16]Status: DisposedITAT Delhi30 Oct 2024AY 2015-16

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vijay B. Vasanta, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149(1)(b)Section 153(2)

…ed on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal [2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 3.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Hcl Australia Services Pty Limited, Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, similar grounds of appeal, in all the captioned

ITA 2299/DEL/2024[2016-17]Status: DisposedITAT Delhi30 Oct 2024AY 2016-17

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vijay B. Vasanta, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149(1)(b)Section 153(2)

…ed on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal [2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 3.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Hcl Singapore Pte. Ltd (Successor to Axon Solutions Singapore Pte Limited), Delhi vs. Deputy Commissioner of Income Tax, Delhi

In the result, similar grounds of appeal, in all the captioned

ITA 2298/DEL/2024[2017-18]Status: DisposedITAT Delhi30 Oct 2024AY 2017-18

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vijay B. Vasanta, CIT-DR
Section 144C(13)Section 147Section 148Section 148ASection 149(1)(b)Section 153(2)

…ed on facts and in law in passing final assessment order without appreciating that the reassessment proceedings are time barred in terms of section 153(2) of the Act inasmuch as judgment of the Hon'ble Supreme Court in the case of UOI vs Ashish Agarwal [2022] 444 ITR 1 (SC) did not apply to the case of the assessee. 3.3 That the assessing officer erred on facts and in law in undertaking reassessment proceedings under section 148A read with section 148 of the Act culminating in the final assessment order, without appreciating that the information provided/disclosed along with letter issued pursuant to directions…

Manisha Anil Sharma, Vashi, Navi Mumbai vs. The Income Tax Officer (Int Tax) - 4 (2) (1), Mumbai

Accordingly, Ground No.1 raised by the Assessee is allowed while

ITA 2853/MUM/2024[2017-18]Status: DisposedITAT Mumbai18 Oct 2024AY 2017-18

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Kunal Dilip LunawatFor Respondent: Shri Mehul Jain
Section 115BSection 144C(13)Section 144C(5)Section 147Section 148Section 148ASection 234BSection 270A(1)Section 56Section 68

…during the demonetization period. The notice under Section 148 of the Act was issued in the case of the Appellant on 15/06/2021. Thereafter, pursuance to the judgment of the Hon’ble Supreme Court in the case of Union of India & Ors. Vs. Ashish Agrawal: (2022) 444 ITR 1 (SC), the aforesaid notice was treated as show-cause notice issued in terms of Section 148A(b) of the Act (under new regime introduced by Finance Act, 2024) was issued on 23/07/2022. In response, the Appellant filed return of income on 11/08/2022. The aforesaid reassessment proceedings culminated into Final Assessment Order, dated 31/03/2024, passe…

Principal Commissioner of Income Tax 1, Jaipur vs. Shri Surendra Meena

ITA/39/2023HC Rajasthan27 Sept 2024

Bench: AVNEESH JHINGAN,PRAVEER BHATNAGAR

Comfort Intech Limited, Mumbai vs. Assistant Commissioner of Income Tax 4(1)(1) Mumbai, Aaykar Bhawan Mumbai

In the result, the appeals filed by the Assessee are allowed and the appeals of the Revenue are dismissed

ITA 2926/MUM/2024[2012-2013]Status: DisposedITAT Mumbai27 Sept 2024AY 2012-2013

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shri Rajiv Khandelwal&For Respondent: Shri Yogendra T. Wakare, Sr.DR
Section 132Section 143(1)Section 143(3)Section 148

…ed the assessment of this year and accordingly, it was contended that the AO could not have placed reliance on the decision rendered by the Hon‟ble Supreme Court in the case of Union of India vs. Ashish Agarwal (Civil Appeal No. 3005/2022 dated 4th May, 2022; 444 ITR 1)(SC). 14. We notice that the above said contention of the assessee finds support from the decision rendered by Hon‟ble jurisdictional Bombay High 10 Comfort Intech Limited batch Court in the case of New India Assurance Company Ltd vs. ACIT (2024)(158 taxmann.com 367)(Bom). The above said case was related to AY. 2013-14 and the Revenue issued noti…