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Reassessment

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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 17688 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 4626 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 1029 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 5499 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 32697 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 6435 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 6915 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 12873 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 41304 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


Reassessment Notice Under Section 148 Invalid If Issued After Four Years

Income Tax : Learn why a reassessment notice issued under Section 148 beyond the four-year period from the end of the relevant assessment year ...

May 28, 2024 11838 Views 0 comment Print

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 1677 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 429 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 1512 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 1218 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 5274 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 2922 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 14100 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 13224 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 73401 Views 1 comment Print


Reassessment beyond four years on the basis of retrospective amendment not justified

November 15, 2010 609 Views 0 comment Print

Reopening of tax assessment beyond four years on the basis of a retrospective amendment is not justified, if the assessee has fully and truly disclosed all the material facts necessary during the original assessment proceedings

Reopening under section 147 on mechanical basis void even where s. 143(3) assessment not made

November 6, 2010 390 Views 0 comment Print

The assessee-company allotted shares to four companies. The allottee companies were active as per the records of the ROC and were allotted PAN and assessed to income-tax. Though the assessee filed a return, no assessment u/s 143(3) was made. The AO s

Reopening of assessment under section 147 for mistakes that could be rectified under section 154 is invalid

September 25, 2010 918 Views 0 comment Print

The High Court held that notice issued for reopening the assessment which could be rectified under section 154 is invalid.

Reasons recorded by AO for reopening an assessment are the only reasons which can be considered when formation of belief is impugned

April 26, 2010 372 Views 0 comment Print

The principal challenge in these proceedings is to the notices issued by the first respondent under section 148 of the Income Tax Act, 1961 proposing to assess the income of the petitioner for assessment years 2005-06 and 2006-07 on the ground that there is reason to believe that income chargeable to tax had escaped assessment, within the meaning of section 147.

Re-Assessment can not be initiated just because AO feels he failed to verify things properly during regular Assessment

March 14, 2010 532 Views 0 comment Print

We feel that the Writ Petition’, have to succeed because the contentions as raised on behalf of the counsel for the petitioner are well founded. The only reason which has been given seeking re-opening of the assessment for the years 1997-98 and 1998-99 is that suppression of sales have taken place on account of the fact that when average price of the closing st

Recourse to the power under Section 147 cannot be sustained on a mere change of opinion

February 7, 2010 564 Views 0 comment Print

The admitted position before the Court, on the basis of the material on the record, is that by the notice under Section 148 issued on 30th November 2009, the assessment pertaining to the year 2002 ­03 was sought to be reopened after the lapse of four years. Section 147 postulates inter alia that if the Assessing Officer has reason to believe

S.153A does not authorize de novo assessment. Non-pending assessments do not abate. Additions must be confined to search material.

January 26, 2010 637 Views 0 comment Print

S. 153A provides that where a search is initiated u/s 132 the AO shall assess or reassess the total income of six assessment years immediately preceding the assessment year relevant to the previous year in which the search is conducted or requisition is made. The 1st Proviso states that the AO shall “assess or reassess the total income

Income cannot be reassessed on a mere change of opinion

January 26, 2010 993 Views 0 comment Print

In a recent ruling Supreme Court (SC) [2010-TIOL-06- SC-IT-L13] in the case of Kelvinator of India Ltd. (Taxpayer) held that income cannot be reassessed on a mere change of opinion, as that would imply conferring arbitrary powers on the Tax Authority. It is only when there is a tangible material to believe that income has escaped assessment

AO deemed to have applied his mind if facts are on record

January 19, 2010 7705 Views 0 comment Print

In CIT Vs Kelvinator of India Ltd. 256 ITR 1 the Full Bench of the Delhi High Court was considering a case of reopening u/s 147 within 4 years from the end of the assessment year. The Court held that when a regular order of assessment is passed in terms of section 143 (3) of the Act, a presumption can

The assessing authority cannot act on the dictates of the Commissioner to reopen the concluded assessment

January 4, 2010 976 Views 0 comment Print

Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped assessment by relying on two judgments of this Hon’ble Court in 133 JTJ? 199 and 155 ITR 748 before reopening assessments when Section 147

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