s 148

The power of assessment or reassessment of any income chargeable to tax that have escaped assessment has been provided under section 147 r w s 148 of Income Tax Act of 1961. If the assessing officer has the reason to believe that any income chargeable to tax has escaped assessment then the assessing officer may subject to the provisions of section 147 to 153 assess or reassess such income. Full Article

In AY 2002-2003, the assessee claimed deduction u/s 80-IB (10) of Rs. 3.85 crs which was allowed by the AO vide s. 143 (3) order. The assessment was reopened u/s 147 after the expiry of four years from the end of the assessment year on the ground that the claim for deduction u/s 80IB (10) included ineligible items of other income such ’society deposit’, ’stilt parking’ and sundry credit balances and that income had thereby escaped assessment. The assessee filed a.. Full Article

All taxpayers are assessed u/s.143, u/s.147, u/s.148 and u/s.153 of the Income-tax Act, 1961. After filing of return, when an asses see is being assessed by an Assessing Officer, he/she is required to file his/her submissions before the respective authority during the course of assessment. All these assessments are popularly known as ‘Scrutiny’ assessments. In case of these assessments, the authority before whom these proceedings are going on is supposed to form his .. Full Article

In the case of Mayawati v. CIT [2009] 222 CTR 117 (Delhi), it is nowhere mentioned that for drawing the presumption u/s 27 of the General Clauses Act, there is necessity of acknowledgment due. Full Article

It is within the power of the AO not to add that particular item based on which the AO has formed a belief that income has escaped assessment; when the AO is satisfied that there was no reason for an addition on the matter based on which the notice u/s 148 was issued, does not mean that he cannot bring to tax any other income which has escaped assessment and which has come to his notice subsequently, in the course of proceedings u/s 147. Full Article

The AO passed a block assessment order u/s 158BC by which he assessed the undisclosed income of the assessee at Rs. 24.37 L. Subsequently, he passed an order by which he added a further sum of Rs. 13.66 L to the said undisclosed income without issuing a notice u/s 148. The Tribunal allowed the appeal on the ground that the AO could not have made the addition without reopening the block assessment u/s 147. Full Article

Merely because the interest income is earned by the assessee on account of contractual obligation and the same has been accepted in the regular assessment u/s 143(3) of the Income-tax Act, 1961 does not mean that interest income is not taxable under the Act; there is no such provision under the Act to exempt any such income because it is contractual. Full Article

Where there was no material on record to show or to suggest that any effort was made by the Assessing Officer to serve the notice in normal course before issuing the directions to serve the same by way of affixture; it could not be held that service of notice by affixture was a valid service. Full Article