Tag: reopening reasons
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 …
Non furnishing reasons recorded-High court quashed reassessment order admitting writ as an exceptional case for invoking power under Article 226 ABCAUS Case Law Citation: ABCAUS 2923 (2019) (05) HC Important Case Laws Cited/relied upon by the parties Commissioner of Income-tax vs. Trend Electronics 61 taxman.com 308 (Bombay) …
Reopneing-AO had to act on the basis of reasons to believe and not on reasons to suspect. ITAT quashed the reopening of the assessment. ABCAUS Case Law Citation: ABCAUS 2916 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Aas per AIR information, assessee had sold …
Execution of sale deed by order of High Court would relate back to the date of original agreement to sale with benefit of cost indexation from said date ABCAUS Case Law Citation:ABCAUS 2692 (2019) (01) HC Important Case Laws Cited/relied upon:ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd., …
Re-assessment order passed in violation of guidelines laid down by the Supreme court in the case of GKN Driveshaft Ltd. is bad in law- ITAT ABCAUS Case Law Citation:ABCAUS 2676 (2018) (12) ITAT Important Case Laws Cited/relied upon:GKN Driveshaft (India) Ltd. Vs ITO, 259 ITR 19 PCIT vs …
Repetition in calculating amount of escaped income was non-application of mind by the AO who persisted with his mistaken belief in rejecting objections but also in adding the entire amount to the returned income – High Court ABCAUS Case Law Citation: ABCAUS 2412 (2018) 07 HC The instant …
Approval by CIT even before recording reasons by AO for reopening u/s 147 may reflect premature approval but need not render initiation of proceedings as non-est or void -High Court Prelude: Section 147 of the Income Tax Act, 1961 contains enabling provisions for re-assessment of income escaping assessment. …
Reopening for not replying enquiry letter issued on AIR basis to verify source of investment in the property held invalid for non application of mind by the Assessing Office. ABCAUS Case Law Citation: ABCAUS 2098 (2017) (10) ITAT The Challenge/Grievance: This appellant assessee had challenged the order …
Non-furnishing reasons for reopening vitiated the assessment proceedings in law. If assessee did not repeat request cannot mean that he waived its right to be provided the reasons – High Court ABCAUS Case Law Citation: ABCAUS 2054 (2017) (08) HC The Grievance: Six appeals had been filed …
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 …