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191 results for “reassessment”+ Section 32clear

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Key Topics

Section 16112Section 11412Section 1489Section 375Section 148A5Addition to Income5Section 134Section 174Section 1474Reopening of Assessment

RAVALGAON SUGAR FARM LTD. vs. COMMISSIONER OF INCOME TAX

ITXA/592/2003HC Bombay05 Aug 2025

Bench: HON'BLE THE CHIEF JUSTICEHON'BLE SHRI JUSTICE SANDEEP V. MARNE

For Appellant: Versus
Section 260ASection 32A

reassess the company's income, then it would have stated in section 115J that "income of the company as accepted by the Assessing Officer". In the absence of the same and on the language of section 115J, it will have to be held that the view taken by the Tribunal is correct and the High Court has erred in reversing

THE SARASWAT CO-OPERATIVE BANK LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1(3)(1) AND 2 ORS

WP/1910/2022HC Bombay26 Aug 2024

Bench: HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN

Showing 1–20 of 191 · Page 1 of 10

...
4
Revision u/s 2633
Exemption2
Section 142(1)
Section 143(2)
Section 147
Section 148
Section 151
Section 201
Section 32(1)
Section 37(1)
Section 44A

reassessment (“Impugned Notice”) issued under Section 147 read with Section 148 of the Income Tax Act, 1961 (“the Act”) has been approved under Section 151 of the Act on the premise that income had escaped assessment owing to absence of full and true disclosures by the Petitioner at the time of the original assessment. Factual Background and Context

WP/4372/2022

WP/4372/2022HC Bombay20 Dec 2024

Bench: HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE JUSTICE ADVAIT M. SETHNA

Section 133(6)Section 143(1)Section 147Section 148

32. Similar issue had fell for consideration of the Division Bench of the Karnataka High Court in Principal Commissioner of Income Tax & Anr. Page 39 of 46 ------------------------- 20 December 2024 wp 4372-22.odt Vs. Tally India Pvt. Ltd. (supra) wherein the Court, in the context of the provisions of Section 153(1)(a) and Section

Sir Jamsetjee Jejeebhoy Charity Fund vs. Income Tax Officer (Exemption) 2, Ward 2(3), Mumbai

WP/4941/2024HC Bombay07 Nov 2025

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE AMIT SATYAVAN JAMSANDEKAR

Section 11Section 11(2)Section 12ASection 143(2)Section 148Section 148A

reassessment under Section 148 of the Act is justified and is not based on a change of mind. According to Mr. Gulabani, true and correct information was not disclosed by the Petitioner during the original assessment, and therefore, income has escaped the assessment, which entitled the revenue to invoke the provisions of Section 148 of the Act. He, therefore, submitted

WP/4817/2022

WP/4817/2022HC Bombay20 Dec 2024

Bench: HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

Section 10Section 12ASection 148Section 80GSection 80G(5)(vi)

reassessment which has been issued on 23 March 2018, in accordance with law; ii) The issue as to whether the notice under Section 148 for reopening the assessment for Assessment Year 2013-14 is valid is kept open to be urged in appropriate proceedings after the assessment order is passed; iii) Upon the passing of the order of assessment

TATA COMMUNICATIONS LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX-1(3) (1) AND 3 ORS

WP/2486/2022HC Bombay07 Mar 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN

Section 139(1)Section 143(3)Section 144Section 144CSection 148

section 148 dated 30 March 2021 and the reassessment order dated 28 March 2022 is quashed and set aside. 32

BHARAT PETROLEUM CORPORATION LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), MUMBAI AND 2 ORS.

WP/1752/2022HC Bombay03 Jul 2025

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

Section 10(34)Section 115Section 147Section 148

reassessment proceedings are initiated when there is already a scrutiny assessment under Section 143(3) and which is after a period of 4 years from the date of the relevant assessment year and there has been no failure to disclose fully and truly all material facts in relation to the concerned assessment year. This has been so held

BHARAT PETROLEUM CORPORATION LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), MUMBAI AND 2 ORS.

WP/2966/2022HC Bombay03 Jul 2025

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

Section 10(34)Section 115Section 147Section 148

reassessment proceedings are initiated when there is already a scrutiny assessment under Section 143(3) and which is after a period of 4 years from the date of the relevant assessment year and there has been no failure to disclose fully and truly all material facts in relation to the concerned assessment year. This has been so held

WP/1783/2022

WP/1783/2022HC Bombay20 Dec 2024

Bench: HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE JUSTICE ADVAIT M. SETHNA

Section 115JSection 142(1)Section 143(2)Section 148Section 151Section 44A

reassessment beyond the period of four years from the end of relevant assessment year, an essential requirement is that the escapement of income chargeable to tax is due to the failure on the part of the assessee to disclose truly and fully all material facts. The Court observed that this is part of Section 147 of the Act itself

SURYAKRUPA CONSTRUCTIONS PVT. LTD. (FORMERLY KNOWN AS SURYAKRUPA FARMS AND CONSTRUCTIONS PVT. LTD.) vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 7 (3) AND 2 OTHERS

WP/2545/2016HC Bombay25 Apr 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN

Section 139Section 142(1)Section 143(3)Section 148

Section 147 of the Act. the Act. 29. Based on the objection raised by the Petitioner, a feeble Based on the objection raised by the Petitioner, a feeble attempt was also made before this Court that in the proceedings before attempt was also made before this Court that in the proceedings before the Income-tax Settlement Commission (ITSC), the said

THE NEW INDIA ASSURANCE CO. LTD. vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 3 (2) (1) AND 2 OTHERS

WP/1945/2023HC Bombay15 Jan 2024

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 148ASection 246ASection 253Section 4A

reassessment and was categorically rejected by this Court in Tata Communications (Supra) as well as the Delhi High Court in Mon Mohan Kohli (Supra). Paragraphs 37 and 38 of Tata Communications (Supra) read as under : 37. Section 3(1) of Relaxation Act does not provide that any notice issued under Section 148 of the Act, after 31 st March

ERANGAL COMTRADE AND CONSULTANCY LLP vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1) MUMBAI AND 3 ORS

WP/2033/2022HC Bombay03 Nov 2025

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE AMIT SATYAVAN JAMSANDEKAR

Section 148Section 58(1)

reassess the income of the erstwhile company for A. Y. 2017-18. After the issuance of the section 148 notice, a draft assessment order dated 29th March 2022, and a final assessment order dated 30th March 2022 are also passed by the Assessing Officer against the erstwhile company. The said section 148 notice as well as the final assessment order

HEXAWARE TECHNOLOGIES LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 15(1)(2) MUMBAI AND 4 ORS

WP/1778/2023HC Bombay03 May 2024

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

Section 10ASection 143(2)Section 143(3)Section 147Section 148Section 80J

Section 149 of the Act has to be seen with respect to the original notice under Section 148 of the Act, which was issued to petitioner on 8th April 2021 and as the said notice was issued within the period of six years from the end of the relevant assessment year, which was expiring on 31st March 2022, the reassessment

BENAIFER VISPI PATEL vs. THE INCOME TAX OFFICER WARD 1, PALGHAR AND ORS

WP/8594/2024HC Bombay15 Jul 2024

Bench: HON'BLE SHRI JUSTICE G. S. KULKARNIHON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN

Section 135ASection 143(1)Section 148Section 148A

reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve Page 16 of 27 15 July, 2024 Aarti Palkar 6.WP.8594.2024 (Final) copy(1).docx on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A, requiring him to furnish within

PR.COMMISSIONER OF INCOME TAX-1,THANE vs. AGFA INDIA PVT.LTD.(NOW MERGED WITH AGFA HEALTHCARE INDIA PVT.LTD)

ITXA/1857/2018HC Bombay01 Apr 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN

Section 143Section 143(1)Section 143(2)Section 143(3)Section 144C(13)Section 147Section 148Section 260ASection 263Section 92C

32. Mr Sharma’s contention that the TPO’s determination bound the AO may not be correct. The AO would indeed be bound by the TPO’s determination during the assessment for the relevant assessment year. The TPO’s determination binds the AO only when the AO makes a reference to the TPO under Section 92CA(1) during the course

SHRI.LAXMAN DAJI VARNEKAR(DECEASED) BY HIS HEIRS vs. SMT.THAKU GOVINDA SHINDE(DECEASED) SMT.K.B.SHINDE

WP/3610/1997HC Bombay27 Jan 2025

Bench: HON'BLE SHRI JUSTICE SANDEEP V. MARNE

Section 70Section 85A

32. This Court, has repeatedly held that for claiming status as a ‘deemed tenant’ under the provisions of Section 4 of the Act, it is not necessary to produce documentary evidence of rent agreement or rent receipts. Reference in this regard can be made to the judgments relied upon by Mr. Kumbhar in Babu Hari Patil (supra) in which this

IA/1962/2025

IA/1962/2025HC Bombay26 Nov 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE JUSTICE ADVAIT M. SETHNA

32. In The Pr. Commissioner of Income Tax Vs. Smt. Shreelekha Damani7, the Coordinate Bench of this Court vide judgment and order dated 27 November 2018, upheld the quashing of the approval under Section 153D and the consequent action based upon such approval. The Additional Commissioner in this case did grant an approval on 31 December 2010 but noted that

IA/1341/2025

IA/1341/2025HC Bombay26 Nov 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE JUSTICE ADVAIT M. SETHNA

32. In The Pr. Commissioner of Income Tax Vs. Smt. Shreelekha Damani7, the Coordinate Bench of this Court vide judgment and order dated 27 November 2018, upheld the quashing of the approval under Section 153D and the consequent action based upon such approval. The Additional Commissioner in this case did grant an approval on 31 December 2010 but noted that

IAL/8772/2025

IAL/8772/2025HC Bombay26 Nov 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE JUSTICE ADVAIT M. SETHNA

32. In The Pr. Commissioner of Income Tax Vs. Smt. Shreelekha Damani7, the Coordinate Bench of this Court vide judgment and order dated 27 November 2018, upheld the quashing of the approval under Section 153D and the consequent action based upon such approval. The Additional Commissioner in this case did grant an approval on 31 December 2010 but noted that

IA/1961/2025

IA/1961/2025HC Bombay26 Nov 2025

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE JUSTICE ADVAIT M. SETHNA

32. In The Pr. Commissioner of Income Tax Vs. Smt. Shreelekha Damani7, the Coordinate Bench of this Court vide judgment and order dated 27 November 2018, upheld the quashing of the approval under Section 153D and the consequent action based upon such approval. The Additional Commissioner in this case did grant an approval on 31 December 2010 but noted that