Case Law Details
Case Name : Dushyant Kumar Jain Vs DCIT (Delhi High Court)
Related Assessment Year : 2007-2008
Courts :
All High Courts Delhi High Court
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Brief of the Case
Delhi High Court held In the case of Dushyant Kumar Jain vs. DCIT held that it is only the AO who has issued the original assessment order under Section 143 (3) ,who is empowered to exercise powers under Section 147/148 to re-open the assessment. This is because he alone would be in a position to form reasons to believe that some income of that particular AY has escaped assessment. This again cannot be based on a mere change of opinion. Further, in terms of Section 151 of the Act such a move will have to have the prior approval of the CIT. Under the scheme of the Act, if a s...
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The HC Ruling has brought to
surface an additional dimension to the thus far prevailing never-ending controversies in the matter of scope for AO to invoke jurisdiction and initiate action under section 147. The
lastly reported SC Ruling in the case of
Zuari Estate (for short), giving a fresh lease of life and an added momentum to
such controversies so to say, has been discussed in critique / write-ups published and shared in public domain.