Tag: validity of notice u/s 148
Non response to unauthorised enquiry letter issued without approval not constitute material forming belief of escapement of income u/s 147 ABCAUS Case Law Citation:ABCAUS 3129 (2019) (08) ITAT Important case law relied upon by the parties:Parsuram Pottery Works Co. Ltd. vs. ITO 106 ITR 1. (SC) Amrik Singh …
Affixture of income tax notice-essential conditions, procedure and law explained by ITAT. Unless notice is served on proper person in manner prescribed, service is insufficient and invalidates the jurisdiction of AO ABCAUS Case Law Citation:ABCAUS 3128 (2019) (08) ITAT Important case law relied upon by the parties:Vankat Naicken …
Reasons recorded must withstand test of judicial scrutiny at any stage. Other materials can not be used to test application of mind. ABCAUS Case Law Citation:ABCAUS 3126 (2019) (08) ITAT Important case law relied upon by the parties:GKN Driveshafts (India) Ltd. v. ITO (2002) 125 Taxman 963(S.C)M/s GinniFilaments …
ITAT authorised to consider question of jurisdiction raised first time and not raised earlier as it goes to the root of the matter and substantially affects the rights of assessee ABCAUS Case Law Citation:ABCAUS 3111 (2019) (08) ITAT Important case law relied upon by the parties:National Thermal Power …
Reopening u/s 148 alleging evidence discovered with due diligence quashed as no specific failure on part of the assessee was stated. SC dismisses SLP of the Department ABCAUS Case Law Citation:ABCAUS 3110 (2019) (08) SC The respondent assessee was a company. For the relevant assessment year it had …
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 …
