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Assessment and Reassessment Against Amalgamating Companies Are Jurisdictionally Invalid: Delhi High Court Reaffirms Maruti Suzuki Principle in BSBK Engineers Pvt. Ltd. v. ACIT (2024)
Facts
of the CaseBSBK
Engineers Private Limited is the resulting company pursuant to a
court-approved Scheme of Amalgamation under which Parishudh Finance Company
Pvt. Ltd., the amalgamating company, stood merged and...
Reassessment Notices Barred by Limitation After Abhisar Buildwell: Delhi High Court Quashes Section 148 Proceedings in Bhadani Financers Pvt. Ltd. v. ACIT (2024)
Facts
of the CaseThe
petitioner, Bhadani Financers Pvt. Ltd., was subjected to reassessment
proceedings through issuance of a notice under Section 148 in November 2023
for a completed/unabated assessment year.Earlier...
Reassessment Notices Invalid Without Proper Sanction Under Section 151: Delhi High Court Quashes Section 148 Proceedings in Atma Ram Singhania v. ACIT (2024)
Facts
of the CaseThe
petitioner, Atma Ram Singhania, along with other connected assessees,
challenged reassessment proceedings initiated for Assessment Year 2015-16
through notices issued under Section 148 of the Inc...
Delhi High Court Reaffirms Mandatory Nature of Draft Assessment Order Under Section 144C – AT Kearney India Pvt. Ltd. v. DCIT (2024)
Facts
of the CaseAT
Kearney India Private Limited (“the Petitioner”) was subjected to assessment
proceedings involving transfer pricing adjustments. The Transfer Pricing
Officer (TPO) passed an order proposing ad...
Reassessment Notices Barred by Limitation Post Abhisar Buildwell: Delhi High Court Quashes Section 148 Proceedings in ARN Infrastructures India Ltd. v. ACIT
Facts
of the CaseThe
petitioner, ARN Infrastructures India Limited, challenged multiple
reassessment proceedings initiated for various assessment years by issuance of
notices under Section 148 in November 2023 and Ma...
Reassessment Beyond Limitation Invalid Without Incriminating Material: Delhi High Court Reaffirms Abhisar Buildwell Principle | Ankush Saluja v. DCIT
Facts
of the CaseA search operation was conducted
under Section 132 in a connected group case.Based on the search, proceedings were
earlier initiated under Section 153C, which were quashed by
appellate authorities du...
Reopening of Assessment Invalid Without Tangible Material: Delhi High Court Quashes Section 148 Notice in Alankar Promoters LLP v. ITO
Facts
of the CaseThe
petitioner, Alankar Promoters LLP (earlier Alankar Promoters Pvt.
Ltd.), challenged a notice dated 31.03.2019 issued under Section
148 of the Income Tax Act, 1961 for Assessment Year 2012-13.The
...
Final Assessment Without Draft Order is Void: Delhi HC in Aditya Talwar v. DCIT Reiterates Mandatory Section 144C Compliance
Facts
of the CaseThe petitioner was a non-resident
assessee for the relevant Assessment Year.The Assessing Officer passed a final
assessment order directly.No Draft Assessment Order (DAO)
under Section 144C(1) was is...
Reassessment under Section 148A without Considering Assessee’s Reply: Delhi High Court Sets Aside Mechanical Order and Remands Matter – Vivek Kumar v. Income Tax Officer (2024)
Facts of the
CaseThe petitioner challenged a notice dated 17.08.2024
issued under Section 148A(b), an order dated 31.08.2024 passed under Section
148A(d), and a notice of even date issued under Section 148 of the Inco...
Depreciation on Goodwill and Transfer Pricing Tested Party: Delhi High Court Upholds Allowability of Intangible Asset Depreciation – Pr. CIT-3 v. eSys Information Technologies Ltd. (2024)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income Tax Act, 1961, challenging the order dated 09.03.2018 passed by the
Income Tax Appellate Tribunal for Assessment Year 2004-05. The Tribunal...