Tag: validity of notice u/s 148

Information of deposits in bank did not constitute fresh information necessitating second reopening due to change in bank name In a recent judgment, Hon’ble High Court quashed the notice u/s 148A as the information flagged by RMS regarding unexplained credits in bank did not constitute fresh information necessitating …

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s right – High Court In a recent judgment Hon’ble High Court held that curtailing assessee’s right or time to file reply in response to notice u/s 148A(b) from …

The issue already examined and adjudicated by the quasi-judicial authority, i.e., CIT(Appeals), cannot be reopened on the same set of facts – High Court In a recent judgment, Hon’ble High Court has held that when the very issue was already been examined and adjudicated by the quasi-judicial authority, …

For determination of what constitutes a fit case to issue notice u/s 148, rule of relevancy of the material and application of mind to the objection raised still survive – High Court In a recent judgment, Hon’ble High Court has held that as per amended provisions, even though …

No fault in serving notice u/s 148 to last known address when assessee had not updated change of address in PAN data. In a recent judgment, ITAT has held that when assessee had not updated change of address in PAN data, there was no fault on the part …

Once assessee filed ITR, in response to the notice u/s 148 of the Act, even beyond time prescribed, Assessing Officer is required to issue notice u/s 143(2) – ITAT In a recent judgment, ITAT Lucknow has held that once the assessee has filed the return, in response to …

Supreme Court explains meaning and scope of “reason to believe” u/s 147 and when reopening can be said to be mere change of opinion. In a recent judgment, Hon’ble Supreme Court has explained the meaning and scope of “reason to believe” under Section 147 of Income Tax Act …

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation – High Court In a recent judgment, Calcutta high Court has held where approval for reassessment was granted by an authority not “specified” under the statute, such jurisdictional …

Where proceedings u/s 153C are barred by limitation, AO can not reopen the case invoking section 148 and 148A of the Act – ITAT In a recent judgment, ITAT Agra has held that where proceedings u/s 153C were barred by limitation, AO can not take recourse was reopen …

Reopening notice u/s 148 quashed as notice was not issued by ITO but issued by ACIT in violation of CBDT Instruction In a recent judgment ITAT Delhi quashed reopening notice u/s 148 because as the notice was issued by ACIT but as per CBDT Instruction, the notice u/s …