Tag: reasons recorded
Reopening for not replying to invalid and non est inquiry letter for cash deposited in bank quashed. Deposit per se cannot be income of assessee. ABCAUS Case Law Citation:ABCAUS 3106 (2019) (08) ITAT Important case law relied upon by the parties:Tajendra Kumar Ghai Vs ITO In the instant …
Change of opinion not permissible for invoking proceedings u/s 147. ITAT quashed reassessment for payment of managerial remuneration in proprietorship firm ABCAUS Case Law Citation:ABCAUS 3099 (2019) (08) ITAT Important case law relied upon by the parties:CIT v. Kelvinator of India Ltd.: 320 ITR 561(SC) The instant appeal …
No question to supply reasons recorded unless return is filed u/s 148. ITAT dismissed the ground never raised before the authorities below ABCAUS Case Law Citation:ABCAUS 3086 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Union of India & Others vs. Rai Singh Deb Singh Bist …
Reopening due to change in method of accounting for NPA quashed as it was notified in audited accounts. SC dismissed SLP of Revenue ABCAUS Case Law Citation:ABCAUS 3069 (2019) (07) SC The Assessing Officer (AO) had initiated re-assessment proceedings against the respondent bank under Section 147 read with …
If AO examines a claim and not reject it then it can’t be said that AO had not formed any opinion so as reopen the case without any new or additional material-SC dismisses SLP of ITD ABCAUS Case Law Citation:ABCAUS 3055 (2019) (07) SC Important Case Laws Cited/relied …
No Revision u/s 263 when assessment order was void and did not exist in law for not following procedure laid down by Supreme Court in GKN Drivesshaft ABCAUS Case Law Citation: ABCAUS 3049 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties: CIT Vs. VSNL (2012) …
Reassessment order quashed for not supplying reasons recorded for re-opening the assessment u/s 148 in spite of assessee’s written request ABCAUS Case Law Citation: ABCAUS 3033 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT Vs. Dr. T. K. Dayalu (2011) 14 taxmann.com 120 GKN …
ITAT warns of awarding cost for AO not following guidelines of Supreme Court in GKN Driveshaft  where assessee objects to reassessment ABCAUS Case Law Citation: ABCAUS 3032 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: ITO v. Lakhmani Mewal Das 103 ITR 437 (SC) ITO …
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) …
No addition made on account of reasons recorded for reopening, the reassessment, order passed was vitiated in law – ITAT ABCAUS Case Law Citation: ABCAUS 2939 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: CIT v. Jet Airways (I) Ltd. (2011) 52 DTR 71 Shri …