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Income Tax : Gujarat HC quashed Section 148 reassessment as it was issued beyond Section 149 limitation, holding Section 152(3) applies to sear...
Income Tax : ITAT Mumbai quashed a Section 148 notice issued after the limitation under the first proviso to Section 149, holding the reassessm...
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Income Tax : The Madras High Court held that delayed transfer of seized documents under Section 132(9A) did not invalidate notices issued under...
Income Tax : The Tribunal ruled that an Investigation Wing report alone cannot justify an addition under Section 68 without independent verific...
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Gujarat HC quashed Section 148 reassessment as it was issued beyond Section 149 limitation, holding Section 152(3) applies to search-based reassessments.
ITAT Mumbai quashed a Section 148 notice issued after the limitation under the first proviso to Section 149, holding the reassessment invalid for AY 2015-16.
Receipts earned by a German resident individual from rendering managerial, consultancy and business development services outside India, based on personal expertise and independent professional skill, constituted independent professional services under Article 14 of the India–Germany DTAA and were not taxable in India in the absence of a fixed base or the prescribed period of stay in India
The Madras High Court held that delayed transfer of seized documents under Section 132(9A) did not invalidate notices issued under Section 153A. It ruled that the statutory time limit is directory and the assessment proceedings can continue.
The Tribunal ruled that an Investigation Wing report alone cannot justify an addition under Section 68 without independent verification by the Assessing Officer. It upheld the genuineness of the share transactions based on documentary evidence produced by the assessee.
The Bombay High Court held that proceedings under Section 153C were barred by limitation as the assessments were not completed within the statutory period. It quashed the notices issued for Assessment Years 2014-15 to 2019-20.
The ITAT held that reassessment notices issued after the surviving limitation period prescribed by the Supreme Court were invalid. Consequently, the reassessment proceedings and assessment orders were quashed for lack of jurisdiction.
ITAT Chennai held that the reassessment notice issued on 02.04.2022 for AY 2015-16 was barred by limitation under Section 149, following the Supreme Court’s decisions. The reassessment proceedings were quashed without examining the merits of the additions.
The Gujarat High Court held that after considering the ledger entries correctly, the alleged escaped income was only ₹45 lakh, below the threshold under Section 149(1)(b). As the reopening was beyond the prescribed limitation, the order under Section 148A(d) was quashed.
The Telangana High Court permitted the petitioner to withdraw the writ petition challenging the reassessment order passed under Sections 147, 144, and 144B of the Income-tax Act. The Court granted liberty to file a fresh writ petition, leaving all issues open for future adjudication.