Income Tax : Understand the statutory time limits for issuing income-tax notices and completing assessments under the Income-tax Act. The guide...
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Income Tax : The Bombay High Court held that reassessment proceedings for AY 2018-19 were invalid because the sanction was granted by the PCIT ...
Income Tax : The ITAT held that reassessment notices issued after the surviving limitation period prescribed by the Supreme Court were invalid....
Income Tax : The Gujarat High Court held that reassessment cannot be sustained merely because of high-value bank transactions without evidence ...
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Corporate Law : Income Tax Gazetted Officers’ Association (W.B.) Unit Date: 02.02.2023. To The Principal Chief Commissioner of Income Tax, W...
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Bombay HC upheld ITAT’s order, holding reassessment under Section 148 unsustainable as full reasons were not supplied and relied on a retracted statement.
Understand the statutory time limits for issuing income-tax notices and completing assessments under the Income-tax Act. The guide explains deadlines for summary, scrutiny, best judgment, and reassessment proceedings.
The Bombay High Court held that reassessment proceedings for AY 2018-19 were invalid because the sanction was granted by the PCIT instead of the PCCIT, as required under Section 151(ii). The Court quashed both the Section 148A(d) order and the Section 148 notice.
The ITAT held that reassessment notices issued after the surviving limitation period prescribed by the Supreme Court were invalid. Consequently, the reassessment proceedings and assessment orders were quashed for lack of jurisdiction.
The Gujarat High Court held that reassessment cannot be sustained merely because of high-value bank transactions without evidence of escaped income. It quashed the Section 148 notices and Section 148A(3) orders after finding that the transactions were recorded in audited books and adequately explained.
ITAT Pune held that reassessment proceedings were invalid because the approval under Section 151 was granted by the Principal Commissioner instead of the competent authority prescribed by law. The notice under Section 148 and the order under Section 148A(d) were quashed.
ITAT Chennai held that the reassessment notice issued on 02.04.2022 for AY 2015-16 was barred by limitation under Section 149, following the Supreme Court’s decisions. The reassessment proceedings were quashed without examining the merits of the additions.
The ITAT held that reassessment was invalid because the Assessing Officer did not dispose of the assessee’s objections through a separate speaking order before completing reassessment. The Tribunal quashed the reassessment following the principles laid down in GKN Driveshafts.
The Gujarat High Court held that reassessment under Section 148 cannot be based on third-party loose papers that fail to establish a live link with the assessee. The Court quashed the notice as the material was vague and unrelated to the petitioner’s transaction.
The Gujarat High Court set aside the reassessment proceedings after holding that they were founded on an undated and uninvestigated complaint without any direct link to the petitioner. The Court found the reopening to be based on conjectures and surmises.
