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Reassessment Notice U/s. 148 issued for mere non submission of Computation of income with form 56F is invalid
Case Law Details
- Case Name
- HCL Technologies Ltd.Vs Dy. CIT (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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HCL Technologies Ltd.Vs DCIT (Delhi High Court)
The AO’s reason for re-opening is that along with the certificate in Form 56F, which was the certificate of the CA, the working sheet of deduction was not enclosed. That was not a requirement of law. What Form 56F has to be accompanied with is specified under the Income Tax Rules itself. The mere fact that the working sheet may not have been enclosed does not amount to a failure by the Assessee to make a full and true disclosure of all material facts. Consequently, the Court is satisfied that the second reason for re-opening is also unsustainab...
