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The AO is a deciding authority. In the present case, it is apparent that the AO had decided that it was not a fit case for issuance of a notice under Section 148 of the Act but had, thereafter, revised the said decision apparently on the basis of an approval of the specified authority.
Analysis of the Rajeev Bansal Supreme Court ruling on reassessment approvals, clarifying complexities in Section 151 and its impact on assessing authorities.
ITAT Ahmedabad voids reassessment notice, stating if likely to escape income is below Rs. 50L after basic analysis, it’s barred by limitation under Section 149.
Gujarat High Court held that reopening of assessment by issuance of notice under section 148 issued beyond the surviving time limit as prescribed under Income Tax Act read with TOLA is barred by limitation. Accordingly, notice is quashed and writ petition allowed.
The petitioner filed return of income for the Assessment Year 2013-14 on 28.04.2016. A notice dated 30.6.2021 was issued u/s. 148 of the Act under the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA).
Punjab & Haryana High Court invalidates reassessment notices for Assessment Year 2015-16, citing limitation bar based on Supreme Court precedent.
ITAT Mumbai sets aside reassessment for advocate Nilanjana Arvinder Singh (AY 2013-14, 2014-15), ruling Section 148 notices time-barred. Decision follows Supreme Court’s Ashish Agarwal and Rajeev Bansal rulings on reassessment limitation.
ITAT Raipur cancels reassessment for Vinay Agrawal (AY 2014-15 & 2015-16) due to time-barred Section 148 notices. Decision relies on Supreme Court rulings in Ashish Agarwal and Rajeev Bansal.
ITAT Raipur sets aside reassessment order for Kachrulal Jitendra Kumar, ruling the Section 148 notice time-barred. Cites Supreme Court judgments in Ashish Agarwal and Rajeev Bansal on reassessment limitation.
Madras High Court sets aside reassessment notice against Thulasidass Prabavathi, citing time-bar and Supreme Court rulings in Ashish Agarwal and Rajeev Bansal on re-assessment limitation.
