Tag: validity of notice u/s 148

Reason recorded by non jurisdictional Assessing Officer cannot give jurisdiction to the jurisdictional Assessing Officer. ABCAUS Case Law CitationABCAUS 3449 (2021) (02) ITAT Important case law relied referred:Pankaj Bhai Jayshuklal Shah vs. CIT (2020) 425 ITR 70Manoj Kumar vs. ACIT reported 79 ITR (Tribunal) 158 Delhi In the …

Filing belated return & non-registration u/s 12AA no valid reasons to issue notice u/s 148 in absence of other tangible material other than  return filed ABCAUS Case Law CitationABCAUS 3442 (2021) (01) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in …

Reassessment held bad in law as assessee not given four weeks time to seek legal remedy after rejection of objections to reopening ABCAUS Case Law CitationABCAUS 3438 (2021) (01) ITAT Important case law relied upon by the parties:Smt. Kamlesh Goel vs. Income Tax OfficerPr. CIT vs. Sagar DeveloperBharat …

Reopening notice u/s 148 on wrong presumption that assessee not filed return of income quashed by Tribunal as non application of mind ABCAUS Case Law CitationABCAUS 3423 (2020) (11) ITAT Important case law relied upon by the parties:Pr. CIT vs. RMG Polyvinyl (2017) 83 taxmann.com 348 (Delhi)/ 396 …

Addition for alleged cash payment based on file/data retrieved from hard disk found during search of third party quashed in absence of corroborative evidence ABCAUS Case Law CitationABCAUS 3404 (2020) (10) ITAT Important case law relied upon by the parties:Subhash KhattarArvind Nath Seth & Sons HUFCIT vs. Alpha …

Addition made on the basis of cancelled money receipt found during search quashed as its contents was not confronted with issuer ABCAUS Case Law CitationABCAUS 3401 (2020) (10) ITAT Important case law relied upon by the parties: In the instant case, the assessee had challenged the order passed …

Reopening notice u/s 148 quashed as it did not mention source of information or reference to person giving information ABCAUS Case Law CitationABCAUS 3398 (2020) (10) ITAT Important case law relied upon by the parties:Meenakshi Overseas Private LimitedSignature Hotels Pvt. Limited vs ITO Reopening Notice u/s 148 quashed …

Reassessment made by issue of notice 143(2) before filing of return of income is invalid and not sustainable in the eyes of law ABCAUS Case Law CitationABCAUS 3394 (2020) (09) ITAT Important case law relied upon by the parties:Singhad Technical Society 397 ITR 344.Fast Booking (I) Pvt. Ltd. …

Reassessment quashed as void ab-initio for service of notice u/s 148 at wrong address when assessee had communicated changed new address ABCAUS Case Law CitationABCAUS 3392 (2020) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in rejecting the objection raised …

Without cogent reasons for belief towards escapement, even a non-filer can not be forced to file a return u/s 147. ITAT held notice u/s 147 bad in Law ABCAUS Case Law CitationABCAUS 3391 (2020) (09) ITAT Important case law relied upon by the parties:Shri Ravindrasinh N. Gohil vs. …