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Income Tax

No Reassessment u/s 147/148 for Legal Error / Illegality in Original Assessment Order

Case Law Details

Case Name
Munjal Showa Ltd. Vs Deputy Commissioner of Income Tax (Delhi High Court)
Date of Judgement/Order
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Whether the AO has power to issue a notice u/s 148 for reopening of assessment u/s 147 on the basis of reason to believe that income has escaped from assessment at the time of original assessment due to a wrong claim of capital expenditure as revenue expenditure? The assessee had filed and furnished all details and particulars relating to the royalty payment including agreements, calculation and the approval before the Ld. AO during assessment proceedings. There was no failure on the part of the assessee to furnish true and correct all material facts. The facts were available before and were w...
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