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2012 (7) TMI 270 - AT - Income TaxJustification of re-assessment proceedings initiated u/s 147 - non payment of TDS - Held that:- As decided in ACIT Vs. Rajesh Jhaveri Stock Brokers (P) Ltd.[2007 (5) TMI 197 (SC)]the intimation u/s. 143(1)(a) is not an order of assessment and therefore the question of change of opinion does not arise - the assessment in this case was made u/s.143(1)(a) and not u/s.143(3)with the re-assessment notice issued by the AO within four years from the end of the relevant assessment year - thus re - assessment proceedings are warranted - against assessee. Disallowance made u/s. 40(a)(ia)- Held that:- As provisions of section 40(a)(ia)are applicable only to amounts of expenditure which are payable as on 31st March of every year restore the issue to the file of the AO with a direction to verify the accounts and disallow the amount which is payable as on 31st March of the impugned assessment year - in favour of assessee by way of remand.
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