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The question in the present case is as to whether the information received from the investigation wing/search team would constitute ‘reason to believe’ empowering the Assessing Officer to reopen the assessment u/s 147/148. Answer is given by ITAT Ahmedabad on 12/11/2020 in the case of Hitesh Ashok Vaswani Vs DCIT. https://www.bpmundraca.com/it-cases-240-2021/
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Consequences of absence of the notice u/s. 143(2) of the Act before framing the assessment order? Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021. Section 148: Consequences of granting approval by CIT in a mechanical manner by putting only “Yes”. Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021.
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क्या होगा जब पुन: कर निर्धारण के लिए धारा 148 का नोटिस गलत जगह भेजकर आईटीओ रिअसेसमेंट कर दे। 6 नवंबर 2020 को आईटीआई बेंगलुरु ने DIVYA S RAO vs. आईटीओ
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Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or reassess any other income chargeable to tax which has escaped assessment and which comes to his notice. ITAT, DELHI BENCH in the case of Sheela Foam Ltd. v. DCIT. IT-CASES-217-2020
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Section 132 When no incriminating material is shown by the Ld. AO therefore disallowance made only on ad-hoc basis is not permissible under the Income Tax Act. SHARUK PASSI & ANR. vs.DCIT ITAT Delhi order on Mar 19, 2020. IT-CASES-213-2020
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Section 132,148 Cancelled receipt of Rs. 11 lacs showing total transaction of Rs. 61 lacs signed by Sanjeev on behalf of Romy was found and Romy surrendered Rs. 11 Lacs only. AO has not confronted contents of said receipts from S. Addition made of Rs. 50 Lacs is deleted in the absence of any other corroborative material before AO. ROMI LAL NANDA vs.ITO. ITAT Delhi order date 28.9.2020. IT-CASES-212-2020
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Section 148, 147:Client Code Modification is reason to suspect and not reason to believe that income chargeable to tax has escaped assessment. Re-assessment is quashed. STRATAGEM PORTFOLIO (P.) LTD. vs. DCIT. ITAT DELHI BENCH AY 2010-11. In favour of Assessee.
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Section 263 ITAT DELHI on May 14, 2020 Issues subject to revision u/s 263 were pertaining to original assessment u/s 143(3) and not the reopened assessment u/s 147; the limitation should also start from the original assessment. In this case as original assessment order u/s 143(3) of the act was passed on 16.01.2014, the revision thereof could have been taken up to 31.3.2016. Impugned order u/s 263 of the act was passed on 26/2/2019, therefore it is clearly beyond the limitation prescribed u/s 263 (2) of the act. JINDAL STEEL & POWER LTD. vs. PCIT
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If the Notice u/s 143(2) issued by Income tax Officer was having no Jurisdiction at the time of issue of the notice then this is not a valid notice as it suffers from an inherent lacuna affecting his / its jurisdiction. It is not a curable defect u/s 292BB. The consequent order passed u/s 143(3) dated 29.12.2017 was legally unsustainable and therefore is null in the eyes of law and therefore quashed. ITO vs Mr.P N Krishnamurthy ITAT Bangalore on 27 April, 2020.
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Article on NOTICE U/S 143(2)- Circumstances when notice U/s 143(2) hold as non service- resulting that assessment framed is invalid and accordingly quashed.