Tag: non application of mind
Reasons recorded must withstand test of judicial scrutiny at any stage. Other materials can not be used to test application of mind. ABCAUS Case Law Citation:ABCAUS 3126 (2019) (08) ITAT Important case law relied upon by the parties:GKN Driveshafts (India) Ltd. v. ITO (2002) 125 Taxman 963(S.C)M/s GinniFilaments …
Even if at passing the original assessment order, there is a mistake or non-application of mind, initiation of re-assessment the proceedings bad in law – HC ABCAUS Case Law Citation: ABCAUS 2785 (2019) (02) HC Important Case Laws Cited/relied upon by the parties Calcutta Discount Co. Ltd. Vs. …
Reopening by issue of notice u/s 148 on the basis of AIR information after sending query letter to assessee was not without application of mind nor reasons recorded were reason to mere suspect – ITAT ABCAUS Case Law Citation: ABCAUS 2609 (2018) (11) ITAT The assessee had filed …
Mere deposit of cash in bank account cannot give rise to a belief of Assessing Officer that income had escaped assessment. ITAT quashed reassessment order ABCAUS Case Law Citation: ABCAUS 2527 (2018) 09 ITAT Important Case Laws Cited/relied upon by the parties: National Thermal Power Co. Ltd. vs. …
Repetition in calculating amount of escaped income was non-application of mind by the AO who persisted with his mistaken belief in rejecting objections but also in adding the entire amount to the returned income – High Court ABCAUS Case Law Citation: ABCAUS 2412 (2018) 07 HC The instant …
Revision us 263 set aside as CIT did not do homework. No record was called for examining the issue or application of mind by CIT – ITAT ABCAUS Case Law Citation: ABCAUS 1226 (2017) (04) ITAT The Grievance: The appellant assessee was aggrieved by the order passed by …
