Tag: order u/s 148A(d)

AO whether obliged to decided pointwise objection of assessee in response to notice u/s 148A(b) – Supreme Court admits SLP of the assessee  In a recent judgment, the Hon’ble Allahabad High Court had held that all merit objections raised by the assessee in response to a notice issued …

Notice u/s 148 quashed as passed without application of mind for quoting wrong section while seeking approval for reopening u/s 151 of the Act – SLP dismissed  In a recent judgment, Hon’ble Supreme Court has upheld the judgment of Bombay High Court quashing the order quashing order passed …

Third party statement taken after recording reasons cannot form basis of Assessing Officer’s “reasons to believe” to reopen the assessment – ITAT  In a recent judgment, ITAT Delhi has held that third party statement recorded subsequent to the reasons recorded, cannot form basis of Assessing Officer’s “reasons to …

Order us/ 148A(d) set aside as it was a reproduction of notice showing AO had not considered the petitioner’s response.  In a recent judgment, Hon’ble Delhi High Court has set aside order us/ 148A(d) as the order was a reproduction of the notice indicating that the AO had …

High Court directs CBDT to issue instruction u/s 119 for recalling notice issued to a dead person In a recent judgment, Hon’ble Bombay High Court while quashing a notice u/s 148 issued in the name of a deceased person, has advised CBDT to issue an instruction under Section …

Order u/s 148A(d) mentioning sale proceeds as income chargeable to tax quashed. Sale proceeds is not income chargeable to tax. SC declines to interfere with HC order. In a recent order, Hon’ble Supreme Court has declined to interfere with the order of Hon’ble Madhya Pradesh High Court quashing …

PCIT approval for reopening was without application of mind as despite response it said no reply was submitted by the assesse u/s 148A(b) of the Act  In a recent judgment, Hon’ble Allahabad High Court has quashed order u/s 148A(d) and notice issued u/s 148 observing that PCIT approval …

Re-assessment concluded prior to Supreme Court judgment in Ashish Agarwal can not be opened afresh In a recent judgment, Hon’ble Delhi High Court has held that Income Tax Department was not justified in issuing notices afresh seeking to reopen the proceedings u/s 147 which had been concluded prior …

Order passed u/s 148A(d) set aside as personal hearing was not given to submit objections In a recent judgment, Hon’ble Madras High Court has set aside the order passed u/s 148A(d) and notice u/s 148A for not providing opportunity of personal hearing to submit his objections to reopening. …

Change of opinion not a jurisdictional issue-Writ Petition against notice u/s 148 was dismissed by the High Court due to alternative remedy. In a recent judgment, Hon’ble High Court of Jharkhand has dismissed a Writ Petition against notice u/s 148 holding that change in opinion cannot be said …