Tag Archive: 148

Q Validity of 148 notice when the assessment for the same assessment year has not concluded yet? IN THE DELHI HIGH COURT DCM Shriram Ltd. v. Asstt. CIT, W.P.(C) 6627/2022 & CM APPL.20136/2022 on dated 10 May, 2022

Q Validity of 148 notice when the assessment for the same assessment year has not concluded yet? IN THE DELHI HIGH COURT DCM Shriram Ltd. v. Asstt. CIT, W.P.(C) 6627/2022 & CM APPL.20136/2022 on dated 10 May, 2022 Ans:…
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148, AY 2018-19, Delhi High Court, In Favour of Assessee

Question: Whether Notice u/s 148 dated 31.3.2021 emailed /uploaded on portal after 31.3.2021 is time barred? Answer: Yes time barred. Notice is quashed. To read the order kindly click the link

Question: Whether Notice u/s 148 dated 31.3.2021 emailed /uploaded on portal after 31.3.2021 is time barred? Answer: Yes time barred. Notice is quashed. To read the order kindly click the link Allahabad High Court Daujee Abhushan Bhandar Pvt. Ltd….
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148, 148-A, 148A, 149

Friends, it has been held that Once Settlement Commission has completed proceedings, its order has to be considered conclusive as regards matters “stated therein” per Section 245I and reopening any proceeding in respect of matters covered in order would be barred. Any reassessment proceedings sought to be excluded from purview of “case” must be in respect of Section 148 notice sent while proceedings before Settlement Commission are ongoing. Once Settlement Commission had completed proceedings, its order had to be considered conclusive as regards matters “stated therein” per Section 245I and reopening any proceeding in respect of matters covered in order would be barred. Therefore, impugned notice issued to assessee u/s. 153C could not be sustained. Hence, impugned notice and all further proceedings quashed. It was open to the respondent/Revenue to move the Settlement Commission for appropriate relief of declaration that its previous order under Section 245D (6) is void, setting out the relevant facts and circumstances. Assessee’s petition allowed

Friends, it has been held that Once Settlement Commission has completed proceedings, its order has to be considered conclusive as regards matters “stated therein” per Section 245I and reopening any proceeding in respect of matters covered in order would be…
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148, 245, Cases Income tax, Income Tax settlement commission, Search and seizure

November 15, 2019

Reassessment proceedings u/s 147 r.w.s 148 of the Act cannot be initiated after expiry of 4 years from the end of the relevant assessment year unless there is a failure on the part of the assessee to disclose fully and truly all material facts

………Re- assessment proceedings u/s 147 r.w.s 148 of the Act cannot be initiated after expiry of 4 years from the end of the relevant assessment year unless there is a failure on the part of the assessee to disclose fully…
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148, Articles, Cases Income tax

November 15, 2019

Penny stock-decision on 9th March, 2017

DECISION ON PENNY STOCK ON Mar 9, 2017 the claim of the assessee cannot be denied on the basis of presumption and surmises in respect of penny stock by disregarding the direct evidences on record relating to the sale/purchase transactions….
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Cases Income tax, Penny stock

November 15, 2019