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Section 147 to 153 Income Escaping Assessment (Reopening of Cases)

Income Tax : Learn about Section 147 to 153 Income Escaping Assessment and Reopening of Cases Under Income Tax Act, 1961. Get guidance on the p...

December 10, 2023 16131 Views 5 comments Print

Validity of Section 148A(b) & Section 148A(d) Proceedings: Legal Analysis

Income Tax : Explore legality of Section 148A(b) & Section 148A(d) proceedings post Finance Act 2021. Understand implications of local assessm...

October 21, 2023 4449 Views 0 comment Print

Reassessment proceedings against struck off company invalid unless revived u/s 252 of Companies Act

Income Tax : In a recent case, Madras High Court rules on reassessment proceedings against a struck-off company, highlighting the need for rev...

October 12, 2023 996 Views 0 comment Print

Critical Role of Initial Enquiry under Section 148A(a) for Taxpayer Protection

Income Tax : Understand the critical role of the initial enquiry under Section 148A(a) for taxpayer protection in income tax assessments. Explo...

July 12, 2023 5334 Views 0 comment Print

Critical Analysis of New Reassessment Provisions: Section 148, 148A and 149

Income Tax : Read this critical analysis of the new reassessment provisions introduced by the Finance Act, 2021. Understand the changes in Sect...

July 10, 2023 32046 Views 2 comments Print

Latest News

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 6426 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 6885 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 12846 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 41199 Views 2 comments Print

Notices for assessment/reassessment of income of old cases

Income Tax : Under the provisions of Income-tax Act, 1961, notices for assessment/reassessment of income of old cases of more than six years fr...

August 3, 2018 1887 Views 0 comment Print

Latest Judiciary

Delhi HC Quashes Reassessment Proceedings as section 147 Notice Issued by Non-Jurisdictional Officer

Income Tax : Reassessment proceedings initiated by officers without jurisdiction and completed by different officers without recording fresh re...

May 20, 2024 1350 Views 0 comment Print

ITAT Directs AO: Delete Addition for Client Code Modification, No SEBI Violation Found

Income Tax : ITAT observed that reasons recorded by AO for reopening assessment did not mention name of assessee's broker or specific details i...

May 19, 2024 381 Views 0 comment Print

Assessments cannot be reopened merely on the basis of a change of opinion without valid grounds

Income Tax : Upesi Ventures Ltd. vs. ACIT: Bombay High Court nullifies reassessment notice for AY 2015-2016. Analysis of stock details reveals ...

May 19, 2024 1395 Views 0 comment Print

Reassessment cannot be based solely on reasons borrowed from other departments or reports

Income Tax : In case of Balaji Mines And Minerals Pvt Ltd vs ACIT, Bombay High Court ruled that reassessment cannot be based solely on reasons ...

May 5, 2024 1089 Views 0 comment Print

Allahabad HC Invalidates Notice u/s. 148A(b) for Service to Unregistered Email ID

Income Tax : Allahabad High Court held that valid service of notice under section 148 of the Income Tax Act is a condition precedent for making...

March 23, 2024 2844 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 5244 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 2904 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 13920 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 13134 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 72294 Views 1 comment Print

HC quashes reopening notice as reason to believe has no rational nexus to belief for escapement of income

March 12, 2022 1068 Views 0 comment Print

Kurz India Private Limited Vs PCIT (Delhi High Court) Appellant submits that in this case reopening is initiated on the basis of review and re-appreciation of the same material i.e. audited accounts which were subject to verification in the course of original assessment proceedings under Section 143(3) which is not permissible in law. Upon perusal […]

Reassessment proceedings based on wrong assumptions of facts – Return not filed

March 11, 2022 4596 Views 0 comment Print

1. The “reasons to believe” in an income escaping assessment (section 148 read with section 147 of the Act) is one of the most important piece of document. It is the foundation stone with respect to the validity of the entire reassessment proceedings. “Reason to believe” is the document which requires careful consideration and it […]

Reopening notice invalid if no tangible material to establish escapement of income

March 5, 2022 1788 Views 0 comment Print

ACIT Vs Sh. Ravi Parkash Aggarwal (ITAT Delhi) ITAT have gone through the reasons recorded. The first four lines consists of a factual information received from the DDIT (Inv.), Mumbai, the second part indicates that it has been established from the report that the assessee has taken accommodation entries and the third part consists of […]

Jurisdictional Condition Must Be Satisfied to Justify Notice for Reopening

March 2, 2022 996 Views 0 comment Print

HDFC Bank Ltd. Vs ACIT (Bombay High Court) Bombay high court exposing serious flaw in reopening under section 148 in HDFC case (significance of tangible material for formulation of valid belief , fatal impact of difference  in the  reasons recorded on file and reasons placed for statutory  approval  under section 151 etc. “30. The position […]

Bombay HC lays guidelines on reopening cases for AO for strict compliance

March 2, 2022 4332 Views 0 comment Print

Tata Capital Financial Services Limited Vs ACIT (Bombay High Court) Bombay High court (HC) lays guidelines on reopening cases for assessing officer (AO) for strict compliance Bombay high court coming down heavily on income tax department in section 148 reopening cases where revenue is held not transparent with tax payers in sharing of requested information […]

Reopening on review of same material considered in original assessment invalid

March 2, 2022 1065 Views 0 comment Print

Mangalore Refinery and Petrochemicals Limited Vs DCIT (Bombay High Court) Lastly, it would be contextually relevant to note that the rejection of the objections to the reopening also suffers from a familiar error, which the notices for reopening usually manifest. The Assessing Officer in the impugned order recorded that though the details of the expenses were […]

Reopening notice invalid in absence of any tangible material to establish escapement of income for assessment

February 28, 2022 1050 Views 0 comment Print

ACIT Vs Ravi Parkash Aggarwal (ITAT Delhi) Primarily, we find that the reasons recorded by the assessee are too sketchy and does not instill any confidence with regard to the reasons recorded for reopening. It is not even clear whether the assessee has received entries pertaining to loans or purchases. The details of the report […]

AO not entitled on change of opinion to commence reassessment proceedings

February 28, 2022 2958 Views 0 comment Print

Macrotech Developers Limited Vs ACIT (Bombay High Court) The question is whether there was a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of Assessment Year 2012-13. It is not the case that there is failure on the part of the assessee to make […]

Review in the garb of reassessment is absolutely prohibited

February 23, 2022 2055 Views 0 comment Print

Tata Sons Limited Vs DCIT (Bombay High Court) This is a case where the scrutiny assessment was completed and order under section 143(3) of the Act has been passed followed by a rectification order under section 154 of the Act. Therefore Petitioner’s case has been considered at two stages, (i) When the assessment order was […]

HC surprised with reasons recorded for reopening & hoped for better reasons

February 23, 2022 2118 Views 0 comment Print

Nirmal Bang Securities Pvt Ltd Vs ACIT (Bombay High Court) In this case reasons quoted were bereft of any material as AO quoted that search information is received with regard to accommodation entry But  does not indicate what address was searched, from whom such information was received, what date the search happened, what date the […]

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May 2024