Tag Archives: HIGH COURT OF BOMBAY

Reassessment Based on Re-examining Scrutinized Section 10AA Claim Amounts to Impermissible Change of Opinion

By | July 30, 2026
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Reassessment Based on Re-examining Scrutinized Section 10AA Claim Amounts to Impermissible Change of Opinion Reassessment Based on Re-examining Scrutinized Section 10AA Claim Amounts to Impermissible Change of Opinion Issue Whether the Assessing Officer was justified in issuing a reassessment notice under Section 148 to revisit a Section 10AA deduction claim that was already examined, queried,… Read More »

Section 10A Addition Is Invalid Without Material Proving Assessee’s Dealings Yielded More Than Ordinary Profits

By | July 30, 2026
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Section 10A Addition Is Invalid Without Material Proving Assessee’s Dealings Yielded More Than Ordinary Profits Issue Whether the Assessing Officer was justified in making additions under Section 10A(7) read with Section 80IA(10) merely because the assessee’s net profit margin (27.86%) was higher than the average profit margin of comparables (9.35%), without establishing that the dealings… Read More »

Delay in Filing Appeal Condoned as CA’s Procedural Error Constitutes Sufficient Cause

By | July 30, 2026
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Delay in Filing Appeal Condoned as CA’s Procedural Error Constitutes Sufficient Cause Issue Whether an inordinate delay of 1,797 days in filing an appeal before the CIT(A)/NFAC should be condoned and the matter restored for adjudication on merits when the delay was caused by an inadvertent error on the part of the tax consultant. Facts… Read More »

Reassessment Notice Issued Under TOLA for AY 2015-16 Quashed as Time-Barred Following Rajeev Bansal Precedent

By | July 27, 2026
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Reassessment Notice Issued Under TOLA for AY 2015-16 Quashed as Time-Barred Following Rajeev Bansal Precedent Issue Whether reassessment proceedings initiated for Assessment Year 2015-16 under Section 148, following the deemed show-cause notice procedure pursuant to Ashish Agarwal, are time-barred and liable to be quashed under Section 149 read with TOLA in light of the Supreme… Read More »

Indian Company’s Section 80-IA Infrastructure Exemption Valid; Reopening Beyond Four Years Quashed

By | July 27, 2026
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Indian Company’s Section 80-IA Infrastructure Exemption Valid; Reopening Beyond Four Years Quashed Indian Company’s Section 80-IA Infrastructure Exemption Valid; Reopening Beyond Four Years Quashed Issue Whether reopening an assessment beyond four years under Section 147 to deny Section 80-IA deduction is legally valid when the assessee, an Indian company, fully disclosed all material facts, made… Read More »

Retrospective cancellation of GST registration and suspension during enquiry under Section 29(2) are legally valid.

By | July 24, 2026
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Retrospective cancellation of GST registration and suspension during enquiry under Section 29(2) are legally valid. Issue Whether a Show Cause Notice proposing retrospective cancellation of GST registration under Section 29(2) and suspending registration during pending enquiry can be challenged via writ petition prior to submitting a reply. Facts Initiation of SCN: On June 10, 2026,… Read More »

Prosecution Under Section 276CC Quashed as Resigned Director Was Not in Charge When Return Surpassed Due Date

By | July 23, 2026
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Prosecution Under Section 276CC Quashed as Resigned Director Was Not in Charge When Return Surpassed Due Date Prosecution Under Section 276CC Quashed as Resigned Director Was Not in Charge When Return Surpassed Due Date Issue Whether prosecution under Section 276CC read with Section 278B for failure to file a company’s income tax return can be… Read More »

Reassessment notice issued on or after April 1, 2021 for AY 2015-16 is time-barred and quashed.

By | July 17, 2026
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Reassessment notice issued on or after April 1, 2021 for AY 2015-16 is time-barred and quashed. Issue Whether an income escaping assessment notice issued under Section 148 on or after April 1, 2021, relating to Assessment Year 2015-16, is barred by limitation and liable to be set aside. Facts The Assessee filed a writ petition… Read More »

A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void.

By | July 16, 2026
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A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. A reassessment order passed in the name of a struck-off, non-existent entity is illegal and void. Issue Whether a reassessment notice issued under section 148 and a subsequent assessment order passed under section 147 read with section 144 are… Read More »

Assessee gets refund interest until actual payment as AO cannot unilaterally decide on exclusions

By | July 15, 2026
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Assessee gets refund interest until actual payment as AO cannot unilaterally decide on exclusions Issue Whether an assessee is entitled to interest under Section 244A up to the actual date of payment when delays arise from subsequent bank account validation errors, and whether the Assessing Officer (AO) has the jurisdiction to unilaterally exclude any delay… Read More »