Case Law Details

Case Name : GTL Limited Vs ACIT (ITAT Mumbai)
Appeal Number : ITA No. 6416/Mum/2010
Date of Judgement/Order : 02/01/2015
Related Assessment Year :
Courts : All ITAT (4764) ITAT Mumbai (1541)

In this case Major discrepancy noticed during the course of arguments is that there is no mention of authorization of a higher authority to initiate the current reassessment proceedings. Hon’ble Bombay High Court in the case of DSJ Communications vs DCIT, reported in 222 Taxman 129 (Bom), held that approval of CIT is mandatory. Since there is no mention of the approval sought from the CIT on the reasons, as recorded by the AO to initiate reassessment proceedings, the entire initiation has been vitiated and become bad in law.

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More Under Income Tax

Posted Under

Category : Income Tax (26730)
Type : Judiciary (10897)
Tags : ITAT Judgments (4946) section 147 (408) section 148 (333)

0 responses to “AO must intimate Assessee that reassessment proceedings been initiated with due approval”

  1. dr.g.balakrishnan phd ml says:

    if AOs do similarly possibly court would fine the AOs and their CRs may carry the remarks about their work performance.

    AOs indeed have a lot of work that does not mean he can ignore procedures, if ignored that would certainly get black marks with possibility of affecting their promotions too sooner or later.

    public servants need realize they need to understand rule of law, else sad situations might arise due to stiff strictures from courts though the hon courts have been considerate but pls do not under estimate court strictures which might sooner or later would force you to face contempt of courts Act… avoid by your own precaution on your work is my advice to you my dear AOs. any over enthusasm might turn out to be counter productive

  2. dr.g.balakrishnan phd ml says:

    hon court is right AO seems to assume that he is bigger than CCIT or CIT!

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