Income Tax : ITAT held that additions based solely on third-party search material without independent evidence or cross-examination are invalid...
Income Tax : A detailed look at how the Finance Act, 2021 reshaped Sections 147–151, introduced Section 148A, and reduced limitation periods ...
Income Tax : The Finance Bill, 2026 clarifies who can issue notices under sections 148 and 148A. It confirms that only jurisdictional Assessing...
Goods and Services Tax : The court held that once late fee is imposed for delayed annual return filing, a further general penalty is not permissible. Secti...
Income Tax : The issue was whether an assessment could be reopened after four years. The Court held that full disclosure by the taxpayer barred...
Income Tax : Learn about the new block assessment provisions for cases involving searches under section 132 and requisitions under section 132A...
Income Tax : Discover how Finance Act 2021 revamped assessment and reassessment procedures under Income-tax Act, impacting notices, time limits...
Income Tax : Income Tax Gazetted Officers’ Association requested CBDT to issue Clarification in respect of the judgement of Hon’ble Supreme...
Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...
Income Tax : Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time bar...
Income Tax : The issue was deletion of additions on unsecured loans treated as unexplained cash credits. The tribunal upheld deletion, holding ...
Income Tax : The issue involved dismissal of appeal due to delay and non-appearance. The tribunal condoned the delay citing medical reasons and...
Income Tax : The issue was whether reassessment could be initiated after four years without fresh evidence. The court held such reopening inval...
Income Tax : The issue was whether reassessment notice issued without approval from the correct authority is valid. The tribunal held it invali...
Income Tax : The Court held that reassessment proceedings must be initiated within the statutory time limit. It found the notice issued after t...
Income Tax : ITAT Chandigarh held that ITO Ward-3(1), Chandigarh had no jurisdiction to issue notice to an NRI and hence consequently the asses...
Excise Duty : Notification No. 29/2024-Central Excise rescinds six 2022 excise notifications in the public interest, effective immediately. Deta...
Income Tax : Learn how to initiate proceedings under section 147 of the IT Act in e-Verification cases. Detailed instructions for Assessing Off...
Income Tax : Explore e-Verification Instruction No. 2 of 2024 from the Directorate of Income Tax (Systems). Detailed guidelines for AOs under I...
Income Tax : Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-barring date of such cas...
Tribunal ruled that the Section 148 notice issued on 29.07.2022 was beyond the limitation period under Section 149, following the Supreme Court’s Rajeev Bansal (2024) decision. Reassessment proceedings were declared void, and the assessee’s appeal was fully allowed.
The Delhi ITAT in Jain Textile Industries v ACIT upheld the validity of a Section 147 reopening, ruling that where specific issues like omitted interest income and capital expenditure on accessories were not examined in the original assessment, the reopening is not a mere ‘change of opinion’ and is justified, even after four years.
The Delhi ITAT sustained a Rs.42.98 lakh addition for unexplained expenditure found in a seized diary, ruling that the entries proved a sufficient nexus to the assessee under Section 292C. However, the Tribunal provided partial relief by directing the lower tax rate under the pre-amendment Section 115BBE to be applied for AY 2015-16.
The ITAT confirmed the reopening u/s 147/148 beyond the four-year limit was valid, as information from the wife’s assessment about the joint account constituted a new and tangible reason to believe income escaped. Despite upholding the reopening, the Tribunal granted significant taxpayer relief by accepting documentary evidence for property-related transactions and reducing the addition to a minimal amount.
The Court held that the entire series of reassessment actions, including the final assessment and penalty notices, were bad in law because the initiating notices were issued by the wrong authority, violating Section 151A. This quashing emphasizes the mandatory nature of the faceless assessment protocol, unless the Supreme Court later validates the department’s action.
The ITAT Pune ruled that a reassessment initiated under sec.147/148, even for non-filers who later filed a return, is void ab initio if the mandatory 143(2) notice is not issued. The Tribunal set aside the cash deposit addition and remanded the matter for fresh adjudication, reinforcing that 143(2) notice is a jurisdictional requirement.
Ahmedabad ITAT quashes reassessments based on ACB report, ruling the AO lacked independent “reason to believe” and only used borrowed satisfaction. A void assessment cannot be revised under Section 263.
The Karnataka High Court allowed the petition, declaring the reassessment order and all related penalty notices for AY 2016-17 invalid because the initial proceedings were initiated without proper jurisdictional approval under Section 151A. The judgment underscores the critical nature of procedural integrity in faceless assessments, reserving the right for the department to reinstate the case based on a future Supreme Court ruling.
The ITAT Pune quashed reassessment proceedings, ruling them void ab initio because the requisite approval under Section 151(ii) was granted by the Principal Commissioner of Income Tax (PCIT) instead of the Principal Chief Commissioner (PCCIT). This failure to follow the mandatory jurisdictional hierarchy for notices issued after three years vitiated the entire reopening.
ITAT Amritsar condoned the 146-day delay in a senior citizen’s appeal, accepting passport evidence of her absence from India as sufficient cause, and remanded the case for fresh assessment.
