#Section 147
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Despite specific queries in scrutiny assessment, AO cannot be said to have formed any opinion if explicit opinion not recorded

Clarificatory Note – Reg. provisions of section 147 r.w. Explanation 3 thereto, of I.T. Act, 1961

Reassessment not permissible if reasons recorded are merely change of opinion

Period of limitation for CIT order u/s 263 for issue, which is not the subject matter of reassessment

If AO has examined the issue of loss arising out of fluctuation in foreign exchange, then reassessment cannot be initiated

Reassessment proceedings u/s.147 read with 148 of the Act cannot be initiated merely based on the audit report

Non-issue of s. 143(2) notice renders s. 147 assessment order invalid

Proviso to Section 14A bars reassessment but not original assessment on the basis of the retrospective amendment

Assessment beyond a period of four years can not be re-opened where there is full and true disclosure of all material facts by assessee

Reopening without proper application of Mind by Assessing officer is invalid

Section 147 of Income-tax Act – Unless twin conditions of proviso to section 147 are satisfied, notice issued under section 148 is without jurisdiction and on that ground alone notice is liable to be quashed

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

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

ITAT – Anguish over ITAT deciding case on a casual, offhanded and cavalier manner – Delhi HC
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.
