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2009 (4) TMI 467 - HC - Income TaxAdvance tax and self-assessed tax was paid by the assessee - The taxes so paid are in addition to the payment of tax deducted at source in the assessee's account - while filing the return - assessee returned part of income claimed refund of the tax paid - Assessing Officer issued intimation under section 143(1)(a) and, thereafter, reopened the assessment and completed the income escaping assessment under section 147 including the amount received from the foreign company as income – Held that: - if the Assessing Officer in the course of scrutiny of the return finds that the assessee has understated the income or has claimed excessive loss, deduction, allowance or other relief, in the return the Assessing Officer is free to initiate income escaping assessment under section 147 - reversing the order of the Tribunal and restore the matter to the Tribunal for considering the assessee's claim of exemption in the appeal on the merits.
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