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Reassessment

Latest Articles


Faceless Assessment: Provisions, Litigation and Judicial Precedents

Income Tax : Explore faceless assessment, reassessment, and recomputation under the Income Tax Act, as per Finance Act 2021, and related judici...

September 15, 2024 921 Views 0 comment Print

Structure of Reassessment Provisions Under Income Tax Act, 1961

Income Tax : Explore the structure of income tax reassessment provisions, including Sections 147, 148, 148A, 149, and 151, covering notice issu...

September 5, 2024 585 Views 0 comment Print

Reassessment of Income – Amendments vide Finance Act, 2024

Income Tax : Explore the new reassessment provisions under the Finance Act, 2024, including updates to sections 148, 148A, 149, and 151, with s...

September 3, 2024 7890 Views 0 comment Print

Time limit for issuing different income-tax notices & completion of assessment

Income Tax : Understand the time limits for issuing income tax notices and completing assessments, including updates from the Finance Acts of 2...

September 2, 2024 1350 Views 0 comment Print

Form 10 Submitted Electronically Before Assessment Completion; Reopening Due to Technical Delay Unjustified

Income Tax : Delhi HC quashes reopening of tax assessment, ruling that technical delay in e-filing Form 10 before assessment completion is unju...

August 16, 2024 285 Views 0 comment Print


Latest News


Budget 2024: Amendments to Income-tax Assessment & Reassessment Provisions  

Income Tax : Discover how Finance Act 2021 revamped assessment and reassessment procedures under Income-tax Act, impacting notices, time limits...

July 23, 2024 1656 Views 0 comment Print

Request to amend section 151 Sanctioning Authority for reassessment

Income Tax : Humble Representation for modification of Section 151 of the Income Tax Act relating to Sanction for issue of Notice under sec. 14...

July 25, 2022 6504 Views 0 comment Print

Request to clarify on SC judgement on Section 148 notices

Income Tax : Income Tax Gazetted Officers’ Association requested CBDT to issue Clarification in respect of the judgement of Hon’ble Supreme...

May 12, 2022 6990 Views 0 comment Print

Indiscriminate Income Tax notices without allowing reasonable time

Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...

March 20, 2022 12921 Views 0 comment Print

Extend Time Limit for Income Tax Assessment time barring on 31.3.2022

Income Tax : Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time bar...

March 20, 2022 41568 Views 2 comments Print


Latest Judiciary


Reassessment cases: Bombay HC in JD Printers Case Deviates from Hexaware Approach

Income Tax : Bombay HC grants interim relief in JD Printers re-assessment case, opting for a different approach than in Hexaware. Notice and pr...

September 12, 2024 1701 Views 0 comment Print

Reassessment action u/s. 148 post approval of resolution plan unsustainable: Delhi HC

Income Tax : Delhi High Court held that reassessment action under section 148 of the Income Tax Act post approval of the resolution plan unsust...

August 15, 2024 654 Views 0 comment Print

Reopening Based on Wrong Facts or assumptions is Invalid: ITAT Mumbai

Income Tax : Read the full text of the ITAT Mumbai order in Laxman Gore Shreshtha Vs DCIT. Analysis of reassessment based on incorrect details ...

July 19, 2024 522 Views 0 comment Print

Reassessment cannot be based solely on reevaluating existing facts without new substantive material

Income Tax : PCIT Vs Farmson Pharmaceuticals Gujarat Pvt Ltd (Gujarat High Court): Reassessment cannot be solely based on a reevaluation of exi...

July 17, 2024 255 Views 0 comment Print

HP HC Quashes Reassessment as it was Based on ‘Change of Opinion’

Income Tax : Himachal Pradesh High Court quashes reassessment notice for J.B.J. Perfumes Pvt. Ltd. based on 'Change of Opinion'. Learn about th...

July 8, 2024 486 Views 0 comment Print


Latest Notifications


Limitation date for reopening cases related to Ashish Agarwal judgment

Income Tax : Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-barring date of such cas...

February 6, 2023 5400 Views 0 comment Print

Time barring date for reopening cases arising out of SC direction

Corporate Law : Income Tax Gazetted Officers’ Association (W.B.) Unit Date: 02.02.2023. To The Principal Chief Commissioner of Income Tax, W...

February 2, 2023 2958 Views 0 comment Print

Case reopened in light of SC judgment in Ashish Agarwal to be completed by 31.05.2023

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...

January 27, 2023 14544 Views 1 comment Print

Carry out due verification before initiating Section 148/147 proceedings: CBDT

Income Tax : Consequent to order passed by Allahabad High Court passing severe strictures and proposing to levy exemplary cost of Rs 50 lakhs i...

August 22, 2022 13665 Views 0 comment Print

Revised Guideline for Issue of Section 148 Notice

Income Tax : Salient features of new Section 148 to 151A 'i.e. assessment/reassessment procedure of Income Escaping Assessment...

August 1, 2022 78162 Views 1 comment Print


ITAT Delhi invalidates reassessment made without recording the requisite reasons

June 8, 2023 444 Views 0 comment Print

In the landmark case of ACIT vs Kamal Kapoor, ITAT Delhi invalidates reassessment order for lack of thorough examination and due diligence

In absence of Section 148 notice Section 245C(1) settlement application was invalid

May 31, 2023 882 Views 0 comment Print

In the case being analyzed, the Delhi High Court referred to Explanation (i) to Clause (b) of Section 245A to determine whether the proceedings for assessment or reassessment had commenced for the assessment years 2012-13, 2013-14, and 2014-15. The court concluded that based on a plain reading of the explanation, no such proceedings had commenced during those years. As a result, the court upheld the decision of the Income Tax Settlement Commission to deem the petitioner’s application under Section 245C(1) invalid for those assessment years.

Issuance of Notice & Reassessment Beyond Six Years Barred by Limitation

May 31, 2023 2007 Views 1 comment Print

Calcutta High Court has recently ruled that the issuance of notice and initiation of reassessment beyond six years is barred by limitation

Power of reopening an assessment is a ‘power’ which should be exercised with adequate reason

May 30, 2023 1194 Views 0 comment Print

HC set aside SCN issued under Section 148A(b) & consequential orders on the grounds that the opportunity of being heard provided at first instance should be an effective opportunity, since, the power of reopening an assessment is a ‘power’ which should be exercised with adequate reason.

Conundrum Surrounding Limitation Period For Issuance of Re-Assessment Notices Under The Income Tax Act, 1961

May 29, 2023 12546 Views 1 comment Print

The scope of reopening assessments under the Income Tax Act, 1961 (IT Act) remains unclear, despite several reformative changes introduced by the Parliament through the Finance Act, 2021.

Section 148A(d) order invalid if approval was taken from wrong authority

May 16, 2023 4026 Views 0 comment Print

Kiran Agarwal challenges an order under Section 148A(d) of the Income Tax Act, citing jurisdictional issues. Calcutta High Court quashes the order due to non-compliance with approval formalities.

Reopening of assessment unsustainable as prerequisite for reopening beyond four years not fulfilled

May 14, 2023 2316 Views 0 comment Print

ITAT Ahmedabad held that reopening of assessment under section 147 of the Income Tax Act is unsustainable as prerequisite laid down in law for reopening of the case beyond four years is not found to be fulfilled.

Section 148 notice- AO not considered objections & treated it under section 148A(b) – HC remands matter back to AO

May 13, 2023 3381 Views 0 comment Print

Sahil Infra Creative Pvt Ltd Vs ITO (Gujarat High Court) The position which unfolds in this case is that the petitioner assesse had filed its objections to the notice for reassessment under section 148 unamended issued to him, however, the Assessing Officer never attended to the objections dated 12.10.2022 and left it undecided. Thereafter, the […]

SC on clarification filed by Revenue in matter of Abhisar Buildwell P Ltd

May 12, 2023 5376 Views 0 comment Print

PCIT Vs Abhisar Buildwell P. LTD. (Supreme Court of India) Clarification application file by Revenue on issue of permitting 148 notice dismissed by Supreme Court with liberty  to Revenue to file Review application. Further in case such review application is filed it will be heard in open court . We observe that as we have […]

AO cannot reopen the assessment based on very same material & take another view

May 10, 2023 3756 Views 0 comment Print

It is held that while considering the material on record, one view is conclusively taken by AO, it would not be open for the AO to reopen the assessment based on the very same material and take another view.

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