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Analysis of materials after reopening of assessment is post mortem exercise which is not permitted u/s 147 : HC
Case Law Details
- Case Name
- Principal CIT Vs G & G Pharma India Ltd. (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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Brief of the Case
Delhi High Court held In the case of Principal CIT vs. G & G Pharma India Ltd. that this is basic requirement of law u/s 147 that before reopening of assessment, AO must have apply his mind to the available materials and have reasons to believe that income of the assessee has escaped assessment. After reopening of assessment, analysis of material will be only a post mortem exercise which will not make any basis for validity of reopening of assessment.
Facts of the Case
The Assessee filed its return on 14th November 2004 at Rs.1,190/- which was processed under Section 143(...
