Tag: reassessment 147
Reassessment on change of opinion on the same facts and circumstances already in AO’s knowledge during the original assessment proceedings invalid-SC ABCAUS Case Law Citation: ABCAUS 2301 (2018) (04) SC The appellant Revenue had filed the instant appeal against the judgment of Delhi High Court quashing the notice …
Reopening notice u/s 148 quashed as Revenue was indulging in fishing by way of scrutinizing again something that had been specifically gone into- High Court ABCAUS Case Law Citation: ABCAUS 2121 (2017) (11) HC Important Case Laws Cited/relied upon by the parties: Phool Chand Bajrang Lal & …
Notice us 148 not invalid if assessee do not challenge it. Settled law is that if assessee chooses not to challenge notice issued it is to be treated as valid – ITAT ABCAUS Case Law Citation: ABCAUS 1210 (2017) (04) ITAT The Grievance: The appellant assessee company was …
Reassessment-TDS certificate-PL Account Receipt Difference. It is a settled law that an assessment could not be reopened only on the basis of difference in TDS certificate and receipts shown in the P&L account.-ITAT ABCAUS Case Law Citation: ABCAUS 1097 (2017) (01) ITAT Assessment Year : 2009-10 Important Case …
Reassessment notice issued with sanction from JCIT was void as under proviso to sub-section (1) of section 151 sanction was required from CCIT/CIT ABCAUS Case Law Citation: ABCAUS 1092 (2016) (12) ITAT Assessment Year : 2006-07 Important Case Laws relied upon: CIT VS. SPL’s Siddhartha Ltd. (2012) 345 …
Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT ABCAUS Case Law Citation: 1014 (2016) (09) ITAT Brief Facts of the Case: In the instant case, the assessee was aggrieved by the order …
AO bound to furnish reopening reasons recorded us 147 within a reasonable time for initiation of reassessment proceedings u/s 147/148 This was held by ITAT in a recent Judgment ABCAUS Case Law Citation: 6611 2016 (06) ITAT Brief Facts of the Case: The assessee filed his return of …
Reopening of a case u/s 147/148, a post mortem exercise of analysing materials produced subsequently will not cure an inherently defective reopening order from invalidity due to non satisfaction of jurisdictional requirement. ITAT Delhi has relied on Delhi High Court judgment and quashed the reassessment proceedings and allowed the legal issue in …
In a recent judgment, ITAT Delhi has stated that a concluded assessment can not be reopening u/s 147/148 based on a retrospective amendment in Law as there could not be any failure on the part of the assessee to disclose fully and truly all material facts. Case Law Details: ITA Nos. …
In a latest judgment, ITAT Chandigarh has held that notice u/s 148 of the Income Tax Act, 1961 served upon by affixture at a wrong address and consequent re-assessment made under section 147/148 cannot be held to be valid. Case Details: I T A No s . 335 & 336/ CHD/2015 Assessment …
