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Reopening u/s. 148 based on grossly erroneous factual foundation is untenable-in-law: Madras HC
Case Law Details
- Case Name
- FIVES India Engineering & Projects Private Limited Vs ITO (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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FIVES India Engineering & Projects Private Limited Vs ITO (Madras High Court)
Madras High Court held that reopening of assessment under section 148 of the Income Tax Act based on a grossly erroneous factual foundation and also based on mechanically granted approval is untenable in law.
Facts- The petitioner and Fives France under the Assistance Service Agreement between said parties, the petitioner had filed AAR seeking a ruling mainly on the question that whether payments received by Fives France would be subject to withholding tax u/s. 195 of the I-T Act. However, the AA...
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