Income Tax : The Andhra Pradesh High Court definitively ruled that Jurisdictional Assessing Officers (JAOs) lack the authority to issue reasses...
Income Tax : Summary of statutory deadlines for issuing income tax notices (Sec 143, 147) and completing assessments, reassessments, and appeal...
Income Tax : ITAT Mumbai quashes reassessment (AY 13-14, 14-15) as AO missed the Rajeev Bansal-mandated "surviving limitation." S. 149 prevails...
Income Tax : The Delhi High Court has ruled that Jurisdictional Assessing Officers can still issue reassessment notices despite the faceless ...
Income Tax : Examines Section 148 notices for reassessment under the Income-Tax Act, detailing scope, time limits, procedural safeguards, and j...
Income Tax : Discover how Finance Act 2021 revamped assessment and reassessment procedures under Income-tax Act, impacting notices, time limits...
Income Tax : Humble Representation for modification of Section 151 of the Income Tax Act relating to Sanction for issue of Notice under sec. 14...
Income Tax : Income Tax Gazetted Officers’ Association requested CBDT to issue Clarification in respect of the judgement of Hon’ble Supreme...
Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...
Income Tax : Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time bar...
Corporate Law : Court stayed reassessment notices issued under Section 148, holding that proceedings must comply with the amended faceless regime ...
Income Tax : The Allahabad High Court directed tax authorities to give assessees a chance to object before reassessment, reaffirming principles...
Income Tax : The Tribunal held that the notice u/s 148 issued without prior approval of the specified authority under Section 151(ii) is invali...
Income Tax : The ITAT Rajkot set aside reassessment proceedings initiated under Section 148 against a firm that had previously converted into a...
Income Tax : The ITAT Delhi invalidated reassessment proceedings because the Section 148 notice was issued two days prior to obtaining the ma...
Income Tax : Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-barring date of such cas...
Corporate Law : Income Tax Gazetted Officers’ Association (W.B.) Unit Date: 02.02.2023. To The Principal Chief Commissioner of Income Tax, W...
Income Tax : CBDT directed that cases reopened u/s 147/148A in consonance with Judgement of SC in case of UoI vs. Ashish Agarwal & CBDT instruc...
Income Tax : Consequent to order passed by Allahabad High Court passing severe strictures and proposing to levy exemplary cost of Rs 50 lakhs i...
Income Tax : Salient features of new Section 148 to 151A 'i.e. assessment/reassessment procedure of Income Escaping Assessment...
Court stayed reassessment notices issued under Section 148, holding that proceedings must comply with the amended faceless regime under the Finance Act, 2021.
The Allahabad High Court directed tax authorities to give assessees a chance to object before reassessment, reaffirming principles from GKN Driveshafts v. ITO.
The Tribunal held that the notice u/s 148 issued without prior approval of the specified authority under Section 151(ii) is invalid. The reassessment order for AY 2017-18 was quashed.
The ITAT Rajkot set aside reassessment proceedings initiated under Section 148 against a firm that had previously converted into a private limited company. The Tribunal held that a notice issued in the name of a non-existent entity strikes at the root of jurisdiction and renders the entire assessment void ab initio.
The Andhra Pradesh High Court definitively ruled that Jurisdictional Assessing Officers (JAOs) lack the authority to issue reassessment notices (u/s 148A/148) after the Faceless Assessment Scheme (Section 151A) was notified in 2022. The court quashed the notices and orders, establishing that the faceless mechanism is the exclusive forum for initiating reassessment proceedings.
The ITAT Delhi invalidated reassessment proceedings because the Section 148 notice was issued two days prior to obtaining the mandatory statutory sanction under Section 151 from the Additional Commissioner. The Tribunal held that obtaining the requisite approval is a precondition for valid reopening, and issuing the notice before approval renders the entire action void ab initio.
Reassessment based on a new Permanent Establishment (PE) ground, which was absent from the initial notice, was quashed by the Delhi High Court. The court ruled that tax authorities must adhere strictly to the grounds stated in the statutory notice.
Tribunal restored issue of validity of reassessment under Section 148 for AY 2015-16 to CIT(A) for fresh adjudication, noting that assessee raised legal ground for first time before ITAT.
The Court found reassessment action void as sanction was not granted by the competent authority and directed the Department to share the approval copy with the assessee
Delhi HC set aside Section 148A order against Michael and Susan Dell Foundation, ruling the AO failed to consider the detailed submission, violating natural justice principles.
