Tag: reasons recorded
Reopneing-AO had to act on the basis of reasons to believe and not on reasons to suspect. ITAT quashed the reopening of the assessment. ABCAUS Case Law Citation: ABCAUS 2916 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Aas per AIR information, assessee had sold …
Non mentioning reasons recorded for reopening in the assessment order proved that assessment was framed in haste without providing adequate opportunity – ITAT ABCAUS Case Law Citation: ABCAUS 2768 (2019) (02) ITAT The appellant assessee had sought to set aside the impugned order passed by CIT(A) confirming the …
Execution of sale deed by order of High Court would relate back to the date of original agreement to sale with benefit of cost indexation from said date ABCAUS Case Law Citation:ABCAUS 2692 (2019) (01) HC Important Case Laws Cited/relied upon:ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd., …
AO should examined return of income and carry out initial investigation before coming to the conclusion that income has escaped assessment – ITAT ABCAUS Case Law Citation:ABCAUS 2680 (2018) (12) ITAT Important Case Laws Cited/relied upon:M/s. Allied Gems CorporationPCIT v/s M/s Shodiman Investments P Ltd.Narain Dutt Sharma v. …
DVO Report based on mere estimate not sufficient information for the purpose of reopening assessment u/s 147. ITAT deleted addition u/s 69 ABCAUS Case Law Citation:ABCAUS 2675 (2018) (12) ITAT Important Case Laws Cited/relied upon:ACIT vs. Dhariya Construction Co. (2010) 328 ITR 515 (SC) ITO vs. Santosh Kumar …
Reopening of assessment which is completed u/s 143(1) not sustainable without there being any tangible material coming to the knowledge of AO – ITAT ABCAUS Case Law Citation: ABCAUS 2650 (2018) (11) ITAT Important Case Laws Cited/relied upon: Orient Craft Ltd 354 ITR 536 (Delhi), The assessee’s appeal …
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 …
Reopening notice after 4 year when escaped income less than 1 lakh is time barred and not tenable in the eyes of law – ITAT ABCAUS Case Law Citation: ABCAUS 2608 (2018) (11) ITAT Important Case Laws Cited/relied upon: Amarnath Agrawal vs. CIT & Anr. (2015) 371 ITR …
Reopening on the basis of alleged VDIS declaration information from CBDT quashed when AO was not having declaration / documents while recording reasons ABCAUS Case Law Citation: ABCAUS 2530 (2018) 09 HC The appellant assessee had filed an appeal against the order of the CIT(A) challenging the initiation …
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. …