![CESTAT Annual Case Digest 2023 [Part 1]](https://www.taxscan.in/wp-content/uploads/2024/01/Annual-Digest-2023-CESTAT-Annual-Digest-2023-cestat-customs-tax-judgments-cestat-digest-TAXSCAN.jpg "CESTAT Annual Case Digest 2023 [Part 1]")
CESTAT Annual Case Digest 2023 [Part 1]
This yearly digest analyzes all the CESTAT stories published in the year 2023 at taxscan.in CHA considered as Merely processing agent of documents...
![Delhi HC sets aside Reassessment u/s 147 of Income Tax Act Triggered based on Change in Opinion about Nature of Transaction [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/12/Delhi-High-Court-Reassessment-Income-Tax-Act-Nature-of-Transaction-Income-Tax-TAXSCAN.jpg "Delhi HC sets aside Reassessment u/s 147 of Income Tax Act Triggered based on Change in Opinion about Nature of Transaction [Read Order]")
![Tender on Work of Spraying and Fogging using Fake CA Certificate: Bombay HC sets aside Order of Nashik Municipal Corporation [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Retrospective-Effect-on-Amendment-Income-Tax-Act-Investment-In-India-Bombay-Highcourt-taxscan.jpeg "Tender on Work of Spraying and Fogging using Fake CA Certificate: Bombay HC sets aside Order of Nashik Municipal Corporation [Read Order]")
![ITAT quashes reassessment framed u/s.143(3) of Income Tax Act beyond 4 years on absence of establishing failure on part of assessee [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/ITAT-ITAT-quashes-reassessment-Income-Tax-Act-failure-assessee-taxscan.jpg "ITAT quashes reassessment framed u/s.143(3) of Income Tax Act beyond 4 years on absence of establishing failure on part of assessee [Read Order]")
![Reassessment based on non-filing of ITR and Information of Cash Transaction in Bank Account is valid: ITAT upholds Reassessment Order [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Reassessment-non-filing-of-ITR-Cash-Transaction-in-Bank-Account-ITAT-Reassessment-order-Income-Tax-Act-taxscan-1.jpg "Reassessment based on non-filing of ITR and Information of Cash Transaction in Bank Account is valid: ITAT upholds Reassessment Order [Read Order]")
Communication and Notice for Reassessment Proceedings sent to e-mail id registered with Income Tax Department: Kerala High Court dismisses Writ Petition [Read Order]
In a significant case, the Kerala High Court, while dismissing a writ petition, observed that communication and notices for reassessment proceedings were sent to the email ID registered with the...
Calcutta High Court Remands Income Tax Reassessment Order Citing Denial of Right to Cross-Examine Witness: Upholds Principles of Natural Justice [Read Order]
The High Court of Calcutta has set aside an income tax reassessment order under Section 147(under the Old unamended Act) of the Income Tax Act, 1961 relating to assessment year 2017-18 on the ground...
![Calcutta High Court Remands Income Tax Reassessment Order Citing Denial of Right to Cross-Examine Witness: Upholds Principles of Natural Justice [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Calcutta-High-Court-Income-Tax-Reassessment-Citing-Denial-Right-Cross-Examine-Witnessm-Principles-Natural-Justice-TAXSCAN-1.jpg "Calcutta High Court Remands Income Tax Reassessment Order Citing Denial of Right to Cross-Examine Witness: Upholds Principles of Natural Justice [Read Order]")
AO can initiate Reassessment Proceedings based on information from Investigation Wing: ITAT dismisses Appeal [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) held that the Assessing Officer can initiate reassessment proceedings based on the information from the investigation wing. The...
![AO can initiate Reassessment Proceedings based on information from Investigation Wing: ITAT dismisses Appeal [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/AO-Reassessment-Proceedings-based-on-information-from-Investigation-Wing-ITAT-TAXSCAN.jpg "AO can initiate Reassessment Proceedings based on information from Investigation Wing: ITAT dismisses Appeal [Read Order]")
ITAT Dismisses Income Tax Dept Appeal for Lack of Valid Approval in Reassessment Proceedings [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has dismissed an appeal filed by the Income Tax Department (ITD) against an order of the Commissioner of Income Tax (Appeals) (CIT(A))...
![ITAT Dismisses Income Tax Dept Appeal for Lack of Valid Approval in Reassessment Proceedings [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/ITAT-Dismisses-Income-Tax-Dept-Appeal-ITAT-Income-Tax-Department-Appeal-Lack-of-Valid-Approval-in-Reassessment-Proceedings-Reassessment-Proceedings-Reassessment-Taxscan.jpg "ITAT Dismisses Income Tax Dept Appeal for Lack of Valid Approval in Reassessment Proceedings [Read Order]")
No scope for Reassessment on issue which is Subject Matter of Appeal before Appellate Authority: ITAT [Read Order]
The Chennai bench of the Income Tax Appellate Tribunal (ITAT) held that as per provisions of 3rd proviso to Section 147 of the Income Tax Act, 1961, the Assessing Officer (AO) may assessee or...
![No scope for Reassessment on issue which is Subject Matter of Appeal before Appellate Authority: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Reassessment-Subject-Matter-of-Appeal-Appeal-Appellate-Authority-ITAT-Income-Tax-taxscan.jpg "No scope for Reassessment on issue which is Subject Matter of Appeal before Appellate Authority: ITAT [Read Order]")
No Reassessment of Income if Incriminating Articles Against Any "Other Person" is Found During Search Other Than Person Being Searched: ITAT [Read Order]
Quashing the Income Tax addition, the Delhi Bench of Income Tax Appellate Tribunal (ITAT), held that no reassessment of income under Section 147 of the Income Tax Act 1961 can be allowed if...
![No Reassessment of Income if Incriminating Articles Against Any Other Person is Found During Search Other Than Person Being Searched: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/No-Reassessment-of-Income-if-Incriminating-Articles-Reassessment-Income-Other-Person-Incriminating-Articles-ITAT-Taxscan-1.jpg "No Reassessment of Income if Incriminating Articles Against Any Other Person is Found During Search Other Than Person Being Searched: ITAT [Read Order]")
Reassessment order passed on basis of invalid assumption of Jurisdiction cannot be Revised u/s 263 of Income Tax Act: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT) Raipur bench held that reassessment order passed on the basis of invalid assumption of jurisdiction could not be revised under Section 263 of...
![Reassessment order passed on basis of invalid assumption of Jurisdiction cannot be Revised u/s 263 of Income Tax Act: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Reassessment-invalid-assumption-Jurisdiction-Revised-Income-Tax-Act-ITAT-TAXSCAN-1.jpg "Reassessment order passed on basis of invalid assumption of Jurisdiction cannot be Revised u/s 263 of Income Tax Act: ITAT [Read Order]")