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Income Tax : Supreme Court in the matter of Shri Ashish Agarwal, several representations were received asking for time-barring date of such cas...
The final assessment order was emailed to the assessee after the limitation period had expired. The Tribunal held that the delayed communication rendered the assessment time-barred.
The Tribunal held that the assessee’s objection regarding approval under Section 151 required consideration. The matter was sent back to the CIT(A) for a fresh decision.
ITAT Ahmedabad held that unsecured loan additions could not be sustained where the assessee furnished confirmations, bank statements, and tax records, and the Revenue failed to establish any cash trail or nexus with alleged accommodation entries.
The Jaipur ITAT held that reopening of assessment cannot be based solely on information received from the Investigation Wing without independent application of mind. The reassessment proceedings were quashed as the Assessing Officer failed to form his own satisfaction.
The Lucknow ITAT held that reassessment proceedings cannot survive where the reasons recorded contain incorrect facts and lack proper application of mind. The reassessment order was quashed as the recorded reasons were found arbitrary and unsustainable.
The Nagpur ITAT restored the matter to the CIT(A) after noting that the legal issue regarding notices issued by the Jurisdictional Assessing Officer is pending before the Supreme Court. A fresh adjudication on merits was directed.
Mumbai ITAT held that a reassessment notice issued beyond three years was invalid because approval was obtained from the Principal CIT instead of the prescribed higher authority under Section 151. The reassessment proceedings and assessment order were quashed.
The Mumbai ITAT held that a Section 148 notice issued beyond three years was invalid because the alleged escaped income was only Rs. 2,03,816, below the Rs. 50 lakh threshold. The reassessment and consequential additions were quashed.
ITAT Mumbai held that reassessment proceedings were invalid because approval under Section 151 was obtained from an authority not competent under the amended law. The notice under Section 148 was declared void.
The Mumbai ITAT held that a notice under Section 148 cannot be issued beyond three years where the alleged escaped income is less than ₹50 lakh. The reassessment proceedings were therefore declared invalid and quashed.