Tag Archives: HIGH COURT OF GUJARAT

Reopening assessment on interest from co-operative banks constitutes impermissible change of opinion and is unsustainable.

By | August 27, 2026
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Reopening assessment on interest from co-operative banks constitutes impermissible change of opinion and is unsustainable. Issue Whether reopening an assessment under Section 148 based on the same material examined during scrutiny to disallow Section 80P(2)(d) deduction constitutes an invalid change of opinion. Whether interest income earned by a co-operative society from investments in co-operative banks… Read More »

Reopening under Section 148 is invalid when premised on change of opinion without new tangible material

By | August 22, 2026
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Reopening under Section 148 is invalid when premised on change of opinion without new tangible material Reopening under Section 148 is invalid when premised on change of opinion without new tangible material Issue Whether an assessment reopening under Section 148 of the Income-tax Act, 1961 (Section 280 / Section 102 of the Income-tax Act, 2025)… Read More »

Reopening under Section 148 is invalid if based on incorrect facts and non-existent transaction figures

By | August 22, 2026
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Reopening under Section 148 is invalid if based on incorrect facts and non-existent transaction figures Reopening under Section 148 is invalid if based on incorrect facts and non-existent transaction figures Issue Whether an assessment reopening under Section 148 of the Income-tax Act, 1961 (Section 280 / Section 102 of the Income-tax Act, 2025) is legally… Read More »

Reassessment Notice Based on Unrelated Third-Party Broker Register Without Live Nexus Is Invalid

By | August 21, 2026
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Reassessment Notice Based on Unrelated Third-Party Broker Register Without Live Nexus Is Invalid Reassessment Notice Based on Unrelated Third-Party Broker Register Without Live Nexus Is Invalid Issue Whether a reassessment notice under Section 148, alleging unrecorded “on-money” payments on a land purchase, can be sustained when it relies solely on a third-party broker’s market survey… Read More »

Reassessment based on previously examined bank records without new tangible material constitutes impermissible change of opinion.

By | August 21, 2026
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Reassessment based on previously examined bank records without new tangible material constitutes impermissible change of opinion. Issue Whether an assessment completed under Section 143(3) can be reopened under Section 147 to examine bank credits and gross receipts that were already scrutinized, in the absence of any new tangible material. Facts Assessee’s return for AY 2012-13… Read More »

GST On Corporate Guarantees Valid As Supply But Rule 28 Mandatory Benchmark “Whichever Is Higher” Read Down

By | August 20, 2026
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GST On Corporate Guarantees Valid As Supply But Rule 28 Mandatory Benchmark “Whichever Is Higher” Read Down Issue Whether executing a corporate guarantee without consideration for a subsidiary constitutes a taxable “supply of service” under Section 7 and Schedule I/II of the CGST Act. Whether the mandatory 1% valuation benchmark and the term “whichever is… Read More »

Reopening Assessment Without New Tangible Material Amounts To Invalid Change Of Opinion

By | August 20, 2026
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Reopening Assessment Without New Tangible Material Amounts To Invalid Change Of Opinion Reopening Assessment Without New Tangible Material Amounts To Invalid Change Of Opinion Issue Whether reopening an assessment under Section 147 based on an Investigation Wing report is legally sustainable when no new tangible material was discovered and the original assessment under Section 143(3)… Read More »

Registration Under Section 12AA Cannot Be Denied Solely For Want Of Registration With Charity Commissioner

By | August 20, 2026
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Registration Under Section 12AA Cannot Be Denied Solely For Want Of Registration With Charity Commissioner Registration Under Section 12AA Cannot Be Denied Solely For Want Of Registration With Charity Commissioner Issue Whether the Commissioner (Exemptions) can reject an application for registration under Section 12AA solely on the ground that the applicant-trust is not registered with… Read More »

Four-Year Delay In Recording Satisfaction Note Invaluates Search Proceedings Under Section 153C

By | August 19, 2026
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Four-Year Delay In Recording Satisfaction Note Invaluates Search Proceedings Under Section 153C Four-Year Delay In Recording Satisfaction Note Invaluates Search Proceedings Under Section 153C Issue Whether initiation of search assessment proceedings under Section 153C against a third party is legally sustainable when there is an unexplained delay of over four years between the search execution… Read More »

Reassessment Cannot Be Initiated On Mere Suspicion Without Information Indicating Escapement Of Recorded Business Income

By | August 19, 2026
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Reassessment Cannot Be Initiated On Mere Suspicion Without Information Indicating Escapement Of Recorded Business Income Reassessment Cannot Be Initiated On Mere Suspicion Without Information Indicating Escapement Of Recorded Business Income Issue Whether reassessment under Section 148 can be initiated on the basis of a Suspicious Transaction Report (STR) flagging high-value transactions, when all transactions are… Read More »