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Understanding the reassessment procedure for Section 148 notices after the Supreme Court’s verdict in Union of India Vs. Ashish Agrawal.
Income Tax Gazetted Officers’ Association requested CBDT to issue Clarification in respect of the judgement of Hon’ble Supreme Court in the case of Union of India Vs Ashish Agarwal ,Civil Appeal No. 3005/2022, Dated: 04/05/2022 in the matter of notices u/s 148 issued between 01-04-2021 to 30-06-2021 under the pre amended provisions Income Tax Gazetted Officers’ […]
CBDT issues Instruction No. 01/2022 regarding Implementation of Hon. Supreme Court’s Judgment in Union of India vs. Ashish Agrawal dated 04.05.2022 Instruction No. 01/2022 | Dated: 11th May, 2022 F. No 279/Misc./M-51/2022-ITJ Ministry of Finance Department of Revenue Central Board of Direct Taxes ITJ Section New Delhi Subject: Implementation of the judgment of the Hon’ble Supreme Court dated 04.05.2022 […]
At the time of initiating the proceedings under Section 147 of the Act, the assessing officer has to only examine whether there is prima facie material on the basis of which the assessment should have been reopened. The Supreme court has held that at this stage the court is only required to see whether there was prima facie some material on the basis of which the department could reopen the case. The sufficiency of the correctness of the material is not a thing to be considered at the stage.
Arjuna, there is too much discussion going on regarding the validity of notices issued between 01-04-2021 and 3006-2021 u/s 148 of the Income Tax Act for reassessment proceedings. The income tax department had issued notices u/s 148 for reassessment proceedings.
Landmark Supreme Court judgment on section 148 notices in favor of both Assessee and Revenue. Key takeaways for taxpayers and Income Tax Department.
Merely that there were huge turnover i.e. deposits and withdrawal in the bank account of the assessee without correlating the same with the accounts and with the nature of the business of the assessee, in our view, that was not enough to form a belief of escapement of income of the assessee for the assessment year under consideration.
Lokhandwala Construction Industries Private Limited Vs DCIT (Bombay High Court) In this case, during the original assessment proceedings, a notice dated 19th October 2019 was issued under Section 142(1) of the Act by which petitioner was called upon to furnish copies of Index II(s) of three flats sold during the year. Petitioner responded by its […]
When there is a violation of the principles of natural justice, the availability of an appellate remedy does not bar the maintainability of a writ petition.
Analysis of the recent Supreme Court judgment on Section 148 Notices. Find out if the court used excessive force when a simpler approach would have sufficed.
