reopening 148 Archives - Page 7 of 8

Order passed by AO before expiry of the date of hearing fixed was in violation of natural justice

administrator December 14, 2017 High Courts, Income Tax, Judgments

Order passed by AO before expiry of the date of hearing fixed was in violation of the principles of natural justice and cannot stand to the test of law-High Court ABCAUS Case Law Citation: ABCAUS 2146 (2017) (12) HC The Challenge/Grievance: The petitioner was aggrieved by the impugned …

Reopening materials include subsequent years assessments -High Court

administrator December 8, 2017 High Courts, Income Tax, Judgments

Reopening materials include subsequent years assessments scrutiny during the course of whose proceedings AO has occasion to see if the same, or same pattern of returns or claims were made. ABCAUS Case Law Citation: ABCAUS 2139 (2017) (12) HC The Challenge/Grievance: The Petitioner assessee by way of two …

Reopening for overlooking transactions with associated enterprises and not referring them to TPO not change of opinion–HC

administrator November 25, 2017 High Courts, Income Tax, Judgments

Reopening for overlooking transactions with associated enterprises and not referring them to TPO for computation of at arms’ length income was not change of opinion – High Court ABCAUS Case Law Citation: ABCAUS 2130 (2017) (11) HC The petitioner company was incorporated in the United Kingdom and …

Reopening notice u/s 148 quashed as Revenue was indulging in fishing by scrutinizing again something specifically gone into-HC

administrator November 16, 2017 High Courts, Income Tax, Judgments

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 & …

Reopening notice us 148 against amalgamated non-existent company void ab initio – High Court

administrator August 2, 2017 High Courts, Income Tax, Judgments

Reopening notice us 148 against amalgamated company was void ab initio as on that day the company was not in existence. Even if Department was not aware of that fact, will not make any difference to the legal position – High Court ABCAUS Case Law Citation: ABCAUS 2013 …

Reopening reasons must explain what material was not disclosed which the assessee ought to have disclosed.

administrator July 27, 2017 High Courts, Income Tax, Judgments

Reopening reasons must explain what material was not disclosed which the assessee ought to have disclosed. Explanation-1 of section 147 do not relieves AO of burden of demonstrating the assessee’s failure. Delhi High Court explains the jurisdictional requirement of reopening of income tax cases u/s 14/148 post amendment …

Notice us 148 not invalid if assessee do not challenge it. Settled law is that if assessee chooses not to challenge notice is treated valid – ITAT

administrator April 13, 2017 Income Tax, ITAT, Judgments

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 …

Reopening for cash deposits for non response to notice u/s 133(6) illegal where assessment was completed u/s 143(3)/147 4 years before

administrator April 11, 2017 High Courts, Income Tax, ITAT, Judgments, Supreme Court

Reopening for cash deposits for non response to notice u/s 133(6) is illegal where assessment was completed u/s 143(3)/147 and 4 years have lapsed. Soon after the demonetization, the Income Tax Department (‘Department’) had launched a scheme called “operation Clean money” for online verification of cash deposits in …

Additions not related to reasons recorded for reopening not permissible as it was not subject matter of reasons recorded by AO for reopening the assessment

administrator March 24, 2017 Income Tax, Judgments

Additions not related to reasons recorded for reopening not permissible as it was not subject matter of reasons recorded by AO for reopening the assessment – ITAT ABCAUS Case Law Citation: ABCAUS 1183 (2017) (03) ITAT The Grievance: The appellant assessee was aggrieved by the additions made by …

Non-furnishing reopening reasons despite request vitiates the reopening of assessment. Order passed u/s 148 quashed and declared illegal by ITAT

administrator March 5, 2017 Income Tax, ITAT, Judgments

Non-furnishing reopening reasons despite request vitiates the reopening of assessment. Order passed u/s 148 quashed and declared illegal by ITAT ABCAUS Case Law Citation: ABCAUS 1156 (2017) (03) ITAT Question for determination: Whether non-furnishing of the reasons for reopening, after the specific request for the same is made …

Tag: reopening 148