#Section 147
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SC Nullifies Bombay HC Verdict on full & true disclosure of material facts

AO must intimate Assessee that reassessment proceedings been initiated with due approval

Reopening on mere possibility of revenue loss is based on presumption & is invalid

S. 148 Reopening based on re-appreciation of same material on record not valid

In case of disclosure of material facts of during original assessment proceeding, AO cannot issue re-assessment notice u/s 148 of the Act to find nature of same

Mere Non recording of detailed reason in Assessment Order do not justify the presumption that order been passed without application of mind

AO can issue notice u/s 148 despite non expiry of time limit for issuing notice u/s 143(2)

Sanction for reassessment by JC in a mechanical manner is invalid

A.O Cannot act as a reviewing authorithy u/s 147 of Income Tax Act,1961

Since assessment made u/s 143(3), no notice can be issued without satisfaction of CCIT/CIT – S. 151(1)

Reopening of assessment Beyond a period of 4 years without Approval of Joint Commissioner not valid

Capital expenditure/ revenue expenditure – No reassessment in subsequent years – Reassessment quashed

Reopening based on information received from Investigation Wing, without application of mind not sustainable

S. 147 Reassessment without disposal of preliminary objections not sustainable
Explore the latest Section 147 updates on TaxGuru, including relevant Income-tax Act provisions, rules, notifications, circulars, judicial decisions and compliance guidance. The coverage highlights important tax positions, procedural requirements, assessments, deductions, penalties and litigation developments to help taxpayers and professionals understand the practical implications of changes in income-tax law.
