Tag: validity of notice u/s 148
Reassessment order travelling beyond Show Cause Notice quashed by High Court as assessee was not put on notice of the intended provision In a recent judgment, the Hon’ble Madras High Court has quashed reassessment order passed u/s 147 of the Income Tax Act, 1961 (the Act) holding that …
Opinion rendered by audit party alone can not be considered as belief of escapement of income which must be made directly and solely by the Income Tax Officer. In a recent judgment, the Hon’ble Supreme Court dismissed SLP of the Revenue against the judgment of the Bombay High …
Proceedings under Section 148A of the Income Tax Act, 1961 necessarily required to be completed within the period available for issuing notice under Section 148 In a recent judgment, Hon’ble Delhi High Court has held that proceedings under Section 148A of the Income Tax Act, 1961 necessarily required …
Order passed under Section 148A(d) quashed as it incorrectly mentioned that no reply was filed by the assessee. In a recent judgment, Rajasthan High Court quashed order passed under Section 148A(d) as it incorrectly mentioned that no reply was filed by the assessee whereas reply was duly uploaded …
High Court penalised Assessing Officer to pay cost of Rs. 50000/- to assessee for unnecessary harassment during the course of re-assesment proceedings u/s 148A(d) In a recent judgment, a division bench of the Hon’ble Jharkhand High Court directed AO to pay cost of Rs. 50000/- for unnecessary harassment …
Re-opening u/s 148 on incorrect facts assuming that assessee does not have PAN and he did not file any of his return quashed as invalid In a recent judgment, ITAT Delhi has held that AO had invoked jurisdiction for reopening assessment u/s 147/148 on basis of incorrect facts …
Notice u/s 148 invalid as reasons recorded incorrect information that return was processed u/s 143(1) and no scrutiny assessment was done under Section 143(3) of the Act. In a recent judgment, Hon’ble Supreme Court has dismissed a SLP of the Revenue against the judgment of the Gujarat High …
Reopening u/s 148 was rightly done as income of the company was shifted to partnership firm to avoid tax by setting off bad debts – SLP dismissed by Supreme Court In a recent order/judgment, Hon’ble Supreme Court has dismissed the SLP filed by the assessee company against the …
Quashing of Notice u/s 148 as AO did not apply mind to information received – SC dismissed Special Leave Petition (SLP) of Income Tax Department In a recent judgment, Hon’ble Supreme Court has upheld the quashing of notice u/s 148 by the Bombay High Court where the …
Notice u/s 148 quashed as passed without application of mind for quoting wrong section while seeking approval for reopening u/s 151 of the Act – SLP dismissed In a recent judgment, Hon’ble Supreme Court has upheld the judgment of Bombay High Court quashing the order quashing order passed …