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AO cannot assess other ‘escaped income’ if reason for issue of Notice under section 148 dropped
Case Law Details
- Case Name
- Assistant Commissioner Income Tax Raipur Vs Major Deepak Mehta (Chhatisgarh High Court)
- Appeal Number
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ACIT vs. Major Deepak Mehta (Chattisgarh High Court) – The Bombay High Court in Jet Airways (supra) observed that after issuing a notice under Section 148, the income which has initially formed a reason to believe that the income has escaped assessment, but as a matter of fact has not escaped assessment. The AO cannot proceed to assess some other income independently, however, it was observed that it is open for the AO to issue a fresh notice under Section 148 and proceed thereafter. The High Court of Delhi in Ranbaxy Laboratories Limited (supra), has taken the similar ...
