Tag: reopening 148
Show cause not giving minimum seven days to respond to proposed variation – Assessment order set aside In a recent judgment, the Hon’ble High Court has set aside the assessment order passed by not giving minimum prescribed time of seven days to respond to show cause for proposed …
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 …
Reassessment proceedings u/s 148A under amended provisions and impact of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act 2020 on limitation period – Allahabad High Court struck down CBDT Instruction ABCAUS Case Law Citation:ABCAUS 3675 (2023) (02) HC Important Case Laws relied upon by …
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 …
A general statement that escapement of income is due to failure of assessee to disclose fully and truly all material facts necessary for his assessment is not enough and is change of opinion. Hon’ble Supreme Court dismisses SLP of Department ABCAUS Case Law CitationABCAUS 3609 (2022) (08) SC …
Passing of order giving effect to appellate order if time barred, original assessment order would stand and assessee would be in much worst position if relief was provided in appeal. ABCAUS Case Law CitationABCAUS 3571 (2022) (01) ITAT In the instant case, the assessee had challenged the order …
Notice u/s 148 for reassessment proceedings issued when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies was invalid – ITAT ABCAUS Case Law CitationABCAUS 3553 (2021) (10) ITAT Important case law relied referred:National Thermal Power Co. Ltd. …
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 …
CBDT extends time limit for passing order u/s 144C or issuance of notice u/s 148, sending intimation u/s 168(1) linking of PAN to aadhar MINISTRY OF FINANCE(Department of Revenue)(CENTRAL BOARD OF DIRECT TAXES) Notification No. 20/2021 New Delhi, the 31st March, 2021 S.O.1432(E).—In exercise of the …
CBDT clarifies Instruction on issue of notice u/s 148 for instances considered as potential cases F. No.225/40/2021/ITA-IIGovernment of India Ministry of Finance Department of RevenueCentral Board of Direct Taxes New Delhi, the 12th March,2021 All Principal Chief Commissioners of Income-tax Madam/Sir, Subject: Instructions regarding selection of cases for …
