Tag: validity of notice u/s 148
Merely a judgment rendered can not be a basis / ground for reopening an assessment u/s 147 unless assessee fails to disclose material facts truly & fully ABCAUS Case Law Citation:ABCAUS 3108 (2019) (08) ITAT Important case law relied upon by the parties:CIT vs. M/s. Ansal Housing Finance …
Reopening for not replying to invalid and non est inquiry letter for cash deposited in bank quashed. Deposit per se cannot be income of assessee. ABCAUS Case Law Citation:ABCAUS 3106 (2019) (08) ITAT Important case law relied upon by the parties:Tajendra Kumar Ghai Vs ITO In the instant …
Issue of notice u/s 148 by Non jurisdictional AO not valid. Section 292BB not applicable where assessee had already objected the issue before AO ABCAUS Case Law Citation:ABCAUS 3096 (2019) (08) ITAT The instant appeal filed by the assessee was directed against the order of CIT(A). The assessee …
No question to supply reasons recorded unless return is filed u/s 148. ITAT dismissed the ground never raised before the authorities below ABCAUS Case Law Citation:ABCAUS 3086 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Union of India & Others vs. Rai Singh Deb Singh Bist …
If AO examines a claim and not reject it then it can’t be said that AO had not formed any opinion so as reopen the case without any new or additional material-SC dismisses SLP of ITD ABCAUS Case Law Citation:ABCAUS 3055 (2019) (07) SC Important Case Laws Cited/relied …
Allowability of pension payment to retiring partner in CA Firm. SC refuses to entertain SLP of the ITD against High Court order quashing reopening ABCAUS Case Law Citation: ABCAUS 3046 (2019) (07) SC The petitioner was a partnership firm of Chartered Accountants. For the Assessment Year in question, …
Rectification by ITAT was barred by principle of finality & doctrine of merger. SC dismisses SLP of assessee but set asides Rs.1.5 lakh costs imposed by the High Court for being speculative ABCAUS Case Law Citation:ABCAUS 3045 (2019) (07) SC Important Case Laws Cited/relied upon by the partiesCommissioner …
Reassessment order quashed for not supplying reasons recorded for re-opening the assessment u/s 148 in spite of assessee’s written request ABCAUS Case Law Citation: ABCAUS 3033 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT Vs. Dr. T. K. Dayalu (2011) 14 taxmann.com 120 GKN …
ITAT warns of awarding cost for AO not following guidelines of Supreme Court in GKN Driveshaft  where assessee objects to reassessment ABCAUS Case Law Citation: ABCAUS 3032 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: ITO v. Lakhmani Mewal Das 103 ITR 437 (SC) ITO …
Reassessment without fresh material with the Assessing Officer to believe that income has escaped assessment is invalid ABCAUS Case Law Citation: ABCAUS 2938 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Income Tax Officer, Ward 2(4) Vs. Chetna Surana In the instant appeal, the assessee …
