Tag: validity of notice u/s 148

Income Tax notice by process server held invalid for no acknowledgement or endorsement on the original notice as required under Code of Civil Procedure In a recent judgment, Hon’ble High Court has laid down the essential requirement of service of income tax notice by a process server. The …

Notice can not be issued under clause (b) of Section 148A without first making inquiry under section 148A(a) of the Income Tax Act, 1961. In a recent judgment, Hon’ble Supreme Court dismissed the SLP of the Income Tax Department against the judgment of the Hon’ble High Court which …

Rajasthan High Court quashes notice u/s 148 issued by JAO and not by FAO expressing disagreement with Gujarat High Court judgment. In a recent judgment the Rajasthan High Court quashes notice u/s 148 issued by Jurisdictional Assessing Officer (JAO) and not Faceless Assessing Officer (FAO). Disagrees with Gujarat …

Reopening on the allegation of non disclosure of illegal mining was quashed as Apex Court did not declare it illegal till the date of its decision In a recent judgment Hon’ble Supreme Court dismissed the SLP of the Revenue against the order of the High Court quashing reopening …

Order u/s 148A(d) set aside as sanctioning authority wrongly recorded that no response was filed in response to the notice issued u/s 148A(b). In a recent judgment, Hon’ble Calcutta High Court held that the order u/s 148A(d) was vitiated as the sanction granting authority had wrongly recorded that …

AO not bound to bring on record an acknowledgment of service of the notice which is issued by registered post / speed post to the correct address. In a recent judgment, Hon’ble Supreme Court has dismissed Special Leave Petition (SLP) against the judgment of the Delhi High Court …

Merely non furnishing of purchase & sale register would not amount to escapement of income In a recent judgment, the Hon’ble Supreme Court dismissed the SLP against the judgment of Gujarat High Court holding that and merely non furnishing of purchase and sale register would not amount to …

Time for compliance of notice is to be calculated not by the clock but by the calendar. – order u/s 148A(d) quashed Time for compliance of a notice is to be calculated not by the clock but by the calendar. In a recent judgment, Hon’ble Jharkhand High Court …

Escapement of income is to be examined in the original return and not the return filed in response to notice u/s 148 of the Act – ITAT In a recent judgment, ITAT Chennai has quashed the reassessment order observing that the issue whether the assessee has underdeclared income …

Travel back theory as propounded by the CBDT Instruction is against the spirit of the ratio laid down by the Hon’ble Apex Court in Ashish Agarwal case – ITAT In a recent judgment, ITAT Jaipur has held that travel back theory as propounded by the CBDT Instruction is …