Tag: reasons recorded
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. …
High court orders inquiry for manipulation of reasons to believe and role of the AO. Recommends strict disciplinary action for playing a subterfuge by back dating the records ABCAUS Case Law Citation: ABCAUS 2473 (2018) 08 HC Important Case Laws Cited/relied upon by the parties: Haryana Acrylic Manufacturing …
Additions made on grounds other than reasons to believe recorded u/s 148-SC dismisses SLP of the assessee. Due to difference between Courts, High Court referred issue for Full Bench In the instant appeal, the assessee had challeneged legality of re-assessment proceedings on three counts. First, non furnishing of …
Not signing reasons recorded for reopening invalidated the notice u/s 148. ITAT quashed the reopening as issue of the notice without recording reasons The appellant assessee had preferred the instant appeal against the order of the CIT(A) in upholding the reopening the assessment where reasons recorded for issuance …
Initiation of reopening u/s 148 by recording wrong facts not categorically rebutted by the Department held to be arbitrary and bad in law – ITAT The instant appeal was filed by the appellant assessee against the order of the CIT(A) upholding the reassessment proceedings and re-assessment order passed …
