Daily Archives: August 4, 2026

Assessment under Section 153C is invalid if initiated under the wrong legal standard or beyond statutory limitation limits.

By | August 4, 2026
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Assessment under Section 153C is invalid if initiated under the wrong legal standard or beyond statutory limitation limits. Issue Whether Section 153C assessment proceedings are valid when the Assessing Officer applies the superseded “belongs to” test instead of post-amendment standards, and whether assessments exceeding statutory time limits or pecuniary thresholds can be sustained. Facts The… Read More »

Reassessment notice issued beyond three years with approval from an unauthorized authority is void ab initio.

By | August 4, 2026
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Reassessment notice issued beyond three years with approval from an unauthorized authority is void ab initio. Issue Whether a reassessment notice under Section 148 issued beyond three years from the end of the relevant assessment year with approval from the Principal Commissioner of Income Tax (PCIT), instead of the specified authority under Section 151(ii), is… Read More »

Application to amend writ petition was rejected as the issue was rendered purely academic.

By | August 4, 2026
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Application to amend writ petition was rejected as the issue was rendered purely academic. Issue Whether an application seeking to amend a writ petition to challenge Section 147A should be allowed in light of a Supreme Court order remitting connected matters, when the original writ petition had already been dismissed and the issue was rendered… Read More »

Reassessment notice issued to a deceased person is void ab initio and legally unsustainable.

By | August 4, 2026
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Reassessment notice issued to a deceased person is void ab initio and legally unsustainable. Reassessment notice issued to a deceased person is void ab initio and legally unsustainable. Issue Whether a reassessment notice issued under Section 148 in the name of a deceased assessee is void ab initio, and whether such a jurisdictional defect can… Read More »

Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee.

By | August 4, 2026
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Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Issue Whether reassessment proceedings and the resulting additions under Section 69B were vitiated for lack of jurisdiction due to non-issuance of notice under Section 143(2),… Read More »

Cash sales backed by stock, recorded in books, and verified by GST returns cannot be treated as unexplained money under Section 69A.

By | August 4, 2026
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Cash sales backed by stock, recorded in books, and verified by GST returns cannot be treated as unexplained money under Section 69A. Issue Whether cash found during a search can be treated as unexplained money under Section 69A and taxed under Section 115BBE when the sale of goods generating such cash is fully recorded in… Read More »

Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny

By | August 4, 2026
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Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »

Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny

By | August 4, 2026
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Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »

Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny

By | August 4, 2026
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Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »

CIT(E) Cannot Dilute Section 12AB Registration Order by Incorporating Caveats Based on Potential Future Supreme Court Challenges

By | August 4, 2026
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CIT(E) Cannot Dilute Section 12AB Registration Order by Incorporating Caveats Based on Potential Future Supreme Court Challenges Issue Whether the Commissioner of Income-tax (Exemption) can validly attach caveats or conditional observations to a Section 12AB registration order based on a potential future Supreme Court challenge after accepting a binding High Court precedent. Facts The assessee-trust… Read More »