Tag: reopening 148
Even if at passing the original assessment order, there is a mistake or non-application of mind, initiation of re-assessment the proceedings bad in law – HC ABCAUS Case Law Citation: ABCAUS 2785 (2019) (02) HC Important Case Laws Cited/relied upon by the parties Calcutta Discount Co. Ltd. Vs. …
Reopening limitation period not stood extended merely for passing reference made by the ITAT when assessee was not a party to the case and was not given opportunity of being heard. ABCAUS Case Law Citation: ABCAUS 2700 (2019) (01) ITAT Important Case Laws Cited/relied upon: Rural Electrification Corporation …
Reopening u/s 148 where properties sold illegally and assessee did not received any sale consideration-High Court declines to interfere in view of the alternative remedy available to assessee ABCAUS Case Law Citation: ABCAUS 2610 (2018) (11) HC Important Case Laws Cited/relied upon: Commissioner of Income Tax and others …
No question of change of opinion when subject matter income not shown in original return or was not the subject of earlier reopening. High Court upheld double reopening ABCAUS Case Law Citation: ABCAUS 2563 (2018) (10) HC Important Case Laws Cited/relied upon by the parties: Commissioner of Income …
Forming Opinion on assumption of incorrect facts that income has escaped assessment. Reopening quashed as AO did not verify AIR information before taking any action against the assessee ABCAUS Case Law Citation: ABCAUS 2505 (2018) 09 ITAT The instant appeal was filed by the appellant assessee against the …
No change of opinion when there was no earlier scrutiny assessment, therefore, the reopening of assessment was not bad in law-High Court ABCAUS Case Law Citation: ABCAUS 2502 (2018) 09 HC Important Case Laws Cited/relied upon by the parties: GKN Driveshafts India Ltd., vs. ITO, 203-259-ITR-19 The present …
High Court refuse to entertain writ against reopening notice u/s 148 as benefit of concluded finding of facts was not available because petitioner had directly approached the Court. ABCAUS Case Law Citation: ABCAUS 2491 (2018) 08 HC Important Case Laws Cited/relied upon by the parties: Income-Tax v. Agarwalla …
Reopening notice u/s 148 void if original assessment pending in appeal. ITAT quashed notice where proceedings u/s 153A were pending before CIT(A) ABCAUS Case Law Citation ABCAUS 2363 (2018) 06 ITAT The instant appeal was preferred by the assessee against the order of the Commissioner of Income Tax …
Notice u/s 148 issued by ITO having jurisdiction over bank where assessee had account was held legal in view that there could be concurrent jurisdiction of two or more AOs over a particular assessee in terms of sub-section Section 120 (3) The instant Petition had been filed for …
Limitation for reassessment u/s 150(1) has to be counted on the date of assessment order passed by the AO assessing the income in the wrong hands – ITAT This appeal by the assessee was directed against the order of CIT (A) upholding the legality of the reassessment made …