Tag: validity of notice u/s 148
New allegation added in order passed u/s 148A(d) not present in show cause notice u/s 148A. High Court declines interference. In a recent judgment, Allahabad High Court has declined to entertain a Petition challenging addition of a new allegation in order passed u/s 148A(d) in reassessment proceedings. ABCAUS …
High Court declines interference under writ jurisdiction at conclusion stage of re-assessment proceedings. In a recent order, the Hon’ble Allahabad High Court has declined interference under writ jurisdiction at conclusion stage of re-assessment proceedings. ABCAUS Case Law Citation:ABCAUS 3857 (2024) (02) HC In the instant case, the assessee …
No re-opening notice could be issued to society after registration u/s 12A for earlier assessment years in terms of 3rd Proviso of section 12A(2) – SLP dismissed by Supreme Court ABCAUS Case Law Citation:ABCAUS 3824 (2023) (12) SC Important Case Laws relied upon by parties:Commissioner of Income-Tax (Exemptions) …
Income Tax Act provides complete machinery for assessment/reassessment of tax, assessee is not permitted to abandon that machinery and invoke jurisdiction of High Court under Article 226 ABCAUS Case Law Citation:ABCAUS 3790 (2023) (08) SC Important Case Laws relied upon:Gurinder Mohan Singh Nindrajog v. Commission of Income Tax, …
Reassessment proceedings u/s 148A under amended provisions and impact of the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act 2020 on limitation period – Allahabad High Court struck down CBDT Instruction ABCAUS Case Law Citation:ABCAUS 3675 (2023) (02) HC Important Case Laws relied upon by …
Validity of Notice u/s 148. It is not necessary that original assessment order should contain discussion to disclose satisfaction. ABCAUS Case Law Citation:ABCAUS 3657 (2023) (02) SC Important Case Laws covered:Aroni Commercials Ltd. vs. Deputy Commissioner of Income Tax 2014] 44 taxmann.com 304 (Bombay) In the instant case, …
Manner and contents of assessment order framed not determinative whether or not reopening is a case of change of opinion – Supreme Court ABCAUS Case Law CitationABCAUS 3653 (2023) (02) SC Important Case Laws covered:Commissioner of Income Tax v. Kelvinator India Limited reported in 320 ITR 561 SCCommissioner …
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 …