Tag: reopening 148
Reopening done at the insistence of CIT held as change of opinion and was vitiated in law as it did not satisfy the legal requirement of Section 147 of the Act ABCAUS Case Law Citation:ABCAUS 3124 (2019) (08) HC Important case law relied upon by the parties:Larsen and …
ITAT authorised to consider question of jurisdiction raised first time and not raised earlier as it goes to the root of the matter and substantially affects the rights of assessee ABCAUS Case Law Citation:ABCAUS 3111 (2019) (08) ITAT Important case law relied upon by the parties:National Thermal Power …
Reopening u/s 148 alleging evidence discovered with due diligence quashed as no specific failure on part of the assessee was stated. SC dismisses SLP of the Department ABCAUS Case Law Citation:ABCAUS 3110 (2019) (08) SC The respondent assessee was a company. For the relevant assessment year it had …
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 …
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 …
Allowability of pension payment to retiring partner in CA Firm. SC refuses to entertain SLP of the ITD against High Court order quashing reopening ABCAUS Case Law Citation: ABCAUS 3046 (2019) (07) SC The petitioner was a partnership firm of Chartered Accountants. For the Assessment Year in question, …
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 …
Reassessment without fresh material with the Assessing Officer to believe that income has escaped assessment is invalid ABCAUS Case Law Citation: ABCAUS 2938 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Income Tax Officer, Ward 2(4) Vs. Chetna Surana In the instant appeal, the assessee …
