Tag: Reopening us 147
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 …
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 …
Challenge to reopening u/s 147-Only reasons recorded relevant which the Court has to examine and not reasons or explanations given by the AO at a later stage – High Court ABCAUS Case Law Citation: ABCAUS 2066 (2017) (09) HC The Grievance: The assessee by the instant writ …
Reopening approval by an officer superior to Joint Commissioner invalid. Approval by a superior officer do not satisfy the requirement of Section 151(2) of the Income Tax Act. ABCAUS Case Law Citation: ABCAUS 2053 (2017) (08) HC The Grievance: This present writ petition was filed under Articles …
Reopening us 147 based on material found in search not permissible. In such cases section 153C applies for framing assessment which excludes application of section 147 – ITAT ABCAUS Case Law Citation: ABCAUS 2029 (2017) (08) ITAT Assessment Year : 2007-08 Important Case Laws Cited/relied upon by …
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 …
Reopening us 147 on the basis of photocopy document bad as it has been judicially held that photo copies have very little or no evidentiary value – ITAT ABCAUS Case Law Citation: ABCAUS 1255 (2017) (05) ITAT The Grievance: The appellant assessee was aggrieved by the order passed …
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 …
Reopening us 147 after four years with Addl CIT approval bad. Notice u/s 148 was illegal as approval/satisfaction of CCIT/CIT was required u/s 151(1) – ITAT ABCAUS Case Law Citation: ABCAUS 1188 (2017) (03) ITAT The Ground of Appeal: The effective grounds contested by the assessee was that …
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 …
