Tag: reasons to believe
New allegation added in order passed u/s 148A(d) not present in show cause notice u/s 148A. High Court declines interference. In a recent judgment, Allahabad High Court has declined to entertain a Petition challenging addition of a new allegation in order passed u/s 148A(d) in reassessment proceedings. ABCAUS …
High Court declines interference under writ jurisdiction at conclusion stage of re-assessment proceedings. In a recent order, the Hon’ble Allahabad High Court has declined interference under writ jurisdiction at conclusion stage of re-assessment proceedings. ABCAUS Case Law Citation:ABCAUS 3857 (2024) (02) HC In the instant case, the assessee …
Reasons on which reopening done must first survive to make addition on additional issues also – ITAT explains Explanation 3 to section 147 ABCAUS Case Law Citation:ABCAUS 3804 (2023) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) and raised the …
Manner and contents of assessment order framed not determinative whether or not reopening is a case of change of opinion – Supreme Court ABCAUS Case Law CitationABCAUS 3653 (2023) (02) SC Important Case Laws covered:Commissioner of Income Tax v. Kelvinator India Limited reported in 320 ITR 561 SCCommissioner …
Reasons to believe escapement of income should be for the same assessment Year. Reasons recorded for earlier years can not be the basis – ITAT In a recent judgment, the ITAT has held that reasons to believe escapement of income u/s 148 should be for the very assessment …
Where ITR is processed u/s 143(1) AO can form reasons to believe that income has escaped assessment by examining the very return and/or document accompanying ITR ABCAUS Case Law CitationABCAUS 3516 (2021) (06) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
Notice u/s 148 issued prior to approval granted by competent authority bad in law In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the assessment order passed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act) in as …
Filing belated return & non-registration u/s 12AA no valid reasons to issue notice u/s 148 in absence of other tangible material other than return filed ABCAUS Case Law CitationABCAUS 3442 (2021) (01) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in …
Reopening notice u/s 148 quashed as it did not mention source of information or reference to person giving information ABCAUS Case Law CitationABCAUS 3398 (2020) (10) ITAT Important case law relied upon by the parties:Meenakshi Overseas Private LimitedSignature Hotels Pvt. Limited vs ITO Reopening Notice u/s 148 quashed …
Reassessment made by issue of notice 143(2) before filing of return of income is invalid and not sustainable in the eyes of law ABCAUS Case Law CitationABCAUS 3394 (2020) (09) ITAT Important case law relied upon by the parties:Singhad Technical Society 397 ITR 344.Fast Booking (I) Pvt. Ltd. …
