Tag: income escaping assessment
Reasons on which reopening done must first survive to make addition on additional issues also – ITAT explains Explanation 3 to section 147 ABCAUS Case Law Citation:ABCAUS 3804 (2023) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) and raised the …
Notice u/s 148 – at this stage what is required is a reason to believe and not to establish fact of escapement of income – Supreme Court upholds High Courts order ABCAUS Case Law CitationABCAUS 3600 (2022) (06) SC Important case law relied referred:Alliance Filaments Ltd. v. The …
Reasons to believe escapement of income should be for the same assessment Year. Reasons recorded for earlier years can not be the basis – ITAT In a recent judgment, the ITAT has held that reasons to believe escapement of income u/s 148 should be for the very assessment …
Reopening notice u/s 148 quashed as it did not mention source of information or reference to person giving information ABCAUS Case Law CitationABCAUS 3398 (2020) (10) ITAT Important case law relied upon by the parties:Meenakshi Overseas Private LimitedSignature Hotels Pvt. Limited vs ITO Reopening Notice u/s 148 quashed …
Without cogent reasons for belief towards escapement, even a non-filer can not be forced to file a return u/s 147. ITAT held notice u/s 147 bad in Law ABCAUS Case Law CitationABCAUS 3391 (2020) (09) ITAT Important case law relied upon by the parties:Shri Ravindrasinh N. Gohil vs. …
Assessee must be put to notice of all provisions on which revenue relies upon. Supreme Court quashed reopening notice u/s 148 ABCAUS Case Law Citation:ABCAUS 3293 (2020) (04) SC Important case law relied upon by the parties:Claggett Brachi Co. Ltd. London 1989 Supp(2) SCC 182M/s Phool Chand Bajrang …
Reopening u/s 147 /148 for escaped interest income upheld when AO by oversight failed to assess interest income duly disclosed in the books of accounts ABCAUS Case Law Citation:ABCAUS 3256 (2020) (02) HC Important case law relied upon by the parties:Commissioner of Income-Tax v. Corporation Bank Ltd. (2002) …
Reopening quashed as AO not recorded reasons of assesse’s failure to disclose material facts fully and truly but notice u/s 148 was issued on change of opinion ABCAUS Case Law Citation:ABCAUS 3236 (2020) (01) ITAT Important case law relied upon by the parties:Sadbhav Engineering Ltd. vs. DCITCIT Vs. …
Belief of income escapement must indicate income escaping assessment than need of probe which may, or may not, lead to income escaping assessment. Reopening to verify source of cash deposits in bank is no requisite satisfaction ABCAUS Case Law Citation:ABCAUS 3231 (2020) (01) ITAT Important case law relied …
Reopening u/s 148 for mere non disclosure of bank account in ITR without forming belief that income has escaped assessment, bad in law ABCAUS Case Law Citation: ABCAUS 2952 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties G.K. N. Driveshafts (India) Ltd. vs. ITO (2003) …
