Reassessment - Page 30

No change of opinion if AO not examined or applied his mind on a particular issue-HC

Commissioner of Income-tax Vs Usha International Ltd. (Delhi High Court)

There may be cases where the Assessing Officer does not and may not raise any written query but still the Assessing Officer in the first round/ original proceedings may have examined the subject matter, claim etc, because the aspect or question may be too apparent and obvious. To hold that the assessing officer in the first round did not ...

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Notice u/s 148 based on vague notice u/s. 154 not maintainable -SC

Additional Commissioner of Income-tax Vs Shreyas Gramin Bank (Supreme Court of India)

We have gone through the Notice under Section 154 of the Income Tax Act, 1961 . We find that the said notice is totally vague. The Assessing Officer has not even indicated as to on what basis he has allowed excess set-off. Notice under Section 154 of the Act, therefore, was not maintainable. ...

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Reversal of law by Supreme Court does not justify reopening

Dy. Commissioner of Income Tax & Ors. Vs M/s. Simplex Concrete Piles (India) Limited (Supreme Court of India)

We see no error in the observation made by the Division Bench of the High Court in the impugned judgement that once limitation period of four years provided under Section 147/149(1A) of the Income Tax Act, 1961, [for short, `the Act'] expires then the question of re­opening by the Department does not arise. ...

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Reopening on the basis of approval from CIT instead of JCIT/Addl. CIT is not valid

DSJ Communication Ltd. Vs Dy. Commissioner of Income Tax, Circle-2(1) & Anr. (Bombay High Court)

Section 151(2) mandates that the satisfaction has to be of the Joint Commissioner. That expression has a distinct meaning by virtue of the definition in Section 2(28C). The Commissioner of Income Tax is not a Joint Commissioner within the meaning of Section 2(28C). ...

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Reopeing of Assessment to verify compliance with provisions amended in future is invalid

Dishman Pharmaceuticals & Chemicals Ltd. Vs Deputy Commissioner of Income-tax (OSD)(Gujarat High Court)

From the facts on records, it is apparent that the impugned notice under section 148 has been issued after the expiry of a period of four years from the end of the relevant assessment year in a case where earlier an assessment had been framed under section 143(3) of the Act. Under the circumstances, the proviso to section 147 would be att...

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Re-assessment held to be void if AO has not analysed in detail the reasons of reopening

Bhajan Singh Vs Commissioner of Income-tax-II (ITAT Chandigarh)

Once the assessment was reopened to investigate the purchase of various lands then the Assessing Officer was duty bound to make enquiries to examine the purchase of these land as well as the sources for the same. The Assessing Officer has simply issued notice under sections 142(1) and 143(2) which is standard for format of the notice....

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Assessment cannot be reopened u/s 147 in absence of tangible material

Inductotherm (India) Pvt. Ltd (Formerly Inductotherm India) Vs M. Gopalan, DY.Commissioner Income Tax Or His Successor(Gujarat High Court at Ahmedabad)

In the present case, we notice that in two out of four reasons recorded by the Assessing Officer for reopening the assessment, he stated that he need to verify the claims. In the second ground, he had recorded that admissibility of the bad debts written off required to be verified. In the fourth ground also, he had recorded that admissibi...

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Reassessment on the basis of Income Tax amendment not justified

Saint Gobain Glass India Ltd. Vs Assistant Commissioner of Income-tax, Company Circle-VI (1) (ITAT Chennai)

On the date of issue of notice under section 148 on 31-3-2008 by the Assessing Officer for reopening of the assessment, the earlier view taken by the Assessing Officer in the assessment framed under section 143(3) on 31-3-2006 was supported by the decision of the Supreme Court in the case of HCL Comnet Systems & Services Ltd. (supra), and...

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Validity of reassessment proceedings initiated u/s 147 to successor of business


Whether reassessment proceedings initiated u/s 147 to successor of business on account of omission and failure to disclose fully and truly all material facts necessary for determining the income chargeable to tax for these assessment years is valid? ...

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No reopening of Cases Prior to 01.04.2012 & Circular to avoid multilevel TDS on software u/s 194J -FM

On the issue of retrospective amendment, Union Finance Minister, Shri Pranab Mukherjee has said that he had given a commitment in the Parliament with regard to retrospective amendments that CBDT will issue a policy circular to clarify that in cases where assessment proceedings have become final before first day of April, 2012; such cases ...

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