Section 147

Sec. 36(1)(Viia), Sec. 115JA, Sec. 143(1), Sec. 143(3), Sec. 40A(3), Section 133, Section 147, Section 148, Section 152, Section 153, Section 68, Section 69

Rajasthan H.C : the proceedings for reassessment under Section 148/147 of the Income Tax Act, 1961 were initiated by the ld. Assessing Officer on non-existing facts because ultimately the Assessee has been able to explain that the income which was believed to have escaped assessment was explainable but some other additions were made under the assessment order

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High Court Of Rajasthan Prime Chem Oil Limited vs. Assistant Commissioner Of Income Tax Section 36(1)(viia), 40A(3), 68, 69, 115JA,

Section 147, Section 148

Andhara Pradesh & Telangana H.C : The effective date of transfer of shares for the purpose of sec. 45 of the IT Act is 24.11.2009 ignoring and not appreciating that the ‘transfer’ as envisaged u/s 2(47) had taken place on the date of execution of the investment agreement i.e. on 12.08.2009 and this is the date material for reckoning the time available for making specified investments and deciding the admissibility of deduction u/s 54 EC and sec. 54F

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High Court Of Andhara Pradesh & Telangana Anne Venkata Vishnu Vara Prasad vs. Assistant Commissioner Of Income Tax Section 147,

Income Tax Case Laws, Sec. 143(3), Section 118, Section 147, Section 153

Andhara Pradesh & Telangana H.C : whether the Income Tax Appellate Tribunal is correct in law in upholding the order of reassessement against the order of assessment under Section 143(3) of the Income Tax Act, 1961, in the absence of any finding that the appellant had withheld the material information for concluding the assessment or had not filed material information for completing the assessment

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High Court Of Andhara Pradesh & Telangana Kumars Metallurgicalcorporation Ltd. vs. JCIT C. V. Nagarjuna Reddy & Kongara Vijaya Lakshmi,

Sec. 2(47), Section 147, Section 45

Bombay H.C : The transfer within the meaning of Section 2(47)(v) had taken place only in 2002-03 assessment year ignoring the development agreement by way of Power of Attorney, based on which transfer of possession and development have taken place much earlier and when the order of the Tribunal is contrary to facts and law

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High Court Of Bombay Dr. Joao Souza Proenca vs. ITO, Ward -2(2), Panaji Section 2(47), 45 and 147 Assessment year

Sec. 115JB, Section 147

Delhi H.C : Even where there were scrutiny assessments, reassessment would be permissible if in succeeding year, Assessing Officer noticed that though there was merger/amalgamation, assessee had, in computing depreciation on goodwill, instead of adopting ‘pooling of assets’ method, adopted a wrong method of ‘purchase’

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High Court Of Delhi SC Johnson Products (P.) Ltd. vs. ACIT, Circle-22(2), New Delhi Section 115JB, 147 Assessment years 2007-08

Section 4, Section 147

Bombay H.C : Where assessee disclosed all relevant facts at time of assessment, mere fact that he had confiscated certain amount received as advance for sale of property which had been allowed as bad debts in hands of purchaser, it could not be concluded that said amount escaped assessment and, thus, impugned reassessment proceedings deserved to be quashed

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High Court Of Bombay Cedric De Souza Faria vs. DCIT, Goa Section : 4, 147 Assessment year 2010-11 N.M. Jamdar

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