Tag: Reopening us 147
Reopening notice after 4 year when escaped income less than 1 lakh is time barred and not tenable in the eyes of law – ITAT ABCAUS Case Law Citation: ABCAUS 2608 (2018) (11) ITAT Important Case Laws Cited/relied upon: Amarnath Agrawal vs. CIT & Anr. (2015) 371 ITR …
Reopening on the basis of alleged VDIS declaration information from CBDT quashed when AO was not having declaration / documents while recording reasons ABCAUS Case Law Citation: ABCAUS 2530 (2018) 09 HC The appellant assessee had filed an appeal against the order of the CIT(A) challenging the initiation …
Reopening quashed as assessee was only a benamidar of alleged bank accounts and no action was taken against the real account holder ABCAUS Case Law Citation: ABCAUS 2514 (2018) 09 ITAT The instant appeal has been preferred by the Assessee against the order passed by the CIT(A) whereby …
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 …
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 …
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. …
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 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 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 …
Reassessment quashed for being a change of opinion when view and opinion formed by AO in original assessment were doubted as erroneous-High Court ABCAUS Case Law Citation: ABCAUS 2108 (2017) (10) HC The Challenge/Grievance: The Petitioner company had filed two writ petitions impugning notices issued under Section …