Tag: validity of notice u/s 148
Notice u/s 148 – at this stage what is required is a reason to believe and not to establish fact of escapement of income – Supreme Court upholds High Courts order ABCAUS Case Law CitationABCAUS 3600 (2022) (06) SC Important case law relied referred:Alliance Filaments Ltd. v. The …
Only AO holding charge over an assessee for assessment purposes could issue reassessment notice u/s 148 – ITAT ABCAUS Case Law Citation ABCAUS 3587 (2022) (03) ITAT Important case law relied referred:Lt. Col. Paramjeet Singh vs. CIT (1996) 220 ITR 446Attar Singh & Ors. In the instant case, …
Reassessment proceedings without sending Inspector to serve notice personally or by affixture where notice served by speed post was returned by Postal Authorities ABCAUS Case Law CitationABCAUS 3583 (2022) (02) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the …
Supreme Court uphold quashing of reassessment notice issued beyond four years without failure of assessee to disclose fully & truly all material facts In a recent order, the Hon’ble Supreme Court has upheld the order of the High Court in quashing the reassessment notice issued beyond the period …
Reasons to believe escapement of income should be for the same assessment Year. Reasons recorded for earlier years can not be the basis – ITAT In a recent judgment, the ITAT has held that reasons to believe escapement of income u/s 148 should be for the very assessment …
Reassessment notice issued under old section 148 after 31.03.2021 invalid as reassessment provisions are substituted by Finance Act, 1921 with effect from 01.04.2021. ABCAUS Case Law CitationABCAUS 3565 (2021) (12) HC Important case law relied referred:Union of India & Ors. Vs. S. Srinivasan, (2012) 7 SCC 683Palak Khatuja …
When reasons for reopening were never sought by assessee plea can not be taken that reasons not supplied or not supplied within reasonable time In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the proceedings u/s 147/148 of the Income Tax …
Notice u/s 148 for reassessment proceedings issued when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies was invalid – ITAT ABCAUS Case Law CitationABCAUS 3553 (2021) (10) ITAT Important case law relied referred:National Thermal Power Co. Ltd. …
Where ITR is processed u/s 143(1) AO can form reasons to believe that income has escaped assessment by examining the very return and/or document accompanying ITR ABCAUS Case Law CitationABCAUS 3516 (2021) (06) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) …
No addition can be made on issues for which case was not reopened. Reassessment quashed as addition made on issues not recorded in reasons. The case of the appellant assessee in this case was when no addition has been made on the issue for which the case was …
