2015 (12) TMI 505 - ITAT DELHI
Income Tax Officer Versus Kushal Timber Pvt Ltd
Reopening of assessment - officer jurisdiction to issue the notice - Held that - The words used in Section 147 of the Act are the Assessing Officer and which clearly means a particular officer who has the jurisdiction, over the case of a particular assessee. It is not the case that the statute has mandated every Assessing Officer to exercise jurisdiction, as per his own sweet will. As per the mechanism provided u/s 124 of the Act, the jurisdictio.....
2015 (9) TMI 756 - DELHI HIGH COURT
COMMISSIONER OF INCOME TAX (CENTRAL) -I Versus CHETAN GUPTA
Reopening of assessment - Whether the ITAT was correct in holding that since notice under Section 148 was not served on the Assessee in accordance with law, the re-assessment made consequent thereto was without jurisdiction and liable to be quashed? - Held that - Under Section 148 of the Act, the issue of notice to the Assessee and service of such notice upon the Assessee are jurisdictional requirements that must be mandatorily complied with. The.....
2015 (9) TMI 965 - DELHI HIGH COURT
Commissioner of Income Tax, Delhi Versus Soni Associates Pvt. Ltd.
Non service of notice under Section 143(2) - Held that - The Court finds that the question of law stands covered against the Revenue by the decision of the Supreme Court in ACIT v. Hotel Blue Moon (2010 (2) TMI 1 - SUPREME COURT OF INDIA) where the Supreme Court has categorically held that the service of the notice under Section 143(2) of the Act upon the person to whom it is addressed is mandatory requirement. For the purposes of Section 282 (1).....
2015 (11) TMI 646 - PUNJAB & HARYANA HIGH COURT
Commissioner of Income Tax, Faridabad Versus Shri Mangal Singh
Validity of assessment in the status of HUF - Held that - The fact that the assessee himself had filed the return in the status of HUF coupled with the provisions of Section 292BB of the Act, the Tribunal was not right in declaring the assessment order as non-est. BR BR In view of the above, the substantial questions of law are answered in favour of the revenue and against the assessee.
2015 (9) TMI 184 - ITAT AHMEDABAD
Hasmukhbhai K. Barot Versus ACIT, Cir. 3, Surat.
Validity of assessment order passed under section 158BD - notice issued under section 158BD was issued upon a deceased person - Held that - Section 159(2) nowhere authorize the AO to take proceeding against the individual who has already expired, that is why the legal representative under section 2(7) are regarded to be assessee. This aspect can also appreciated by an example, viz. an assessee died leaving behind four legal representatives. The A.....
2015 (8) TMI 620 - ALLAHABAD HIGH COURT
Asstt. Commissioner of Income Tax, Circle-3 Noida Versus M/s. Greater Noida Industrial Development Authority
Reopening of assessment - requirement of issuance of notice - exemption claimed by the assessee under Section 10(20) was not tenable as it was not a local authority within the meaning of Section 10(20) - ITAT allowed assessee s appeal - Held that - It is clear that the essential requirement is issuance of notice under Section 143(2) of the Act. The deeming fiction under Section 292BB of the Act is with regard to service of notice . Since the init.....
2015 (8) TMI 226 - ITAT BANGALORE
The Assistant Commissioner of Income Tax Versus M/s. Ashed Properties and Investments Pvt. Ltd.
Validity of reopening of assessment - non service of notice u/s. 143(2) before completion of the assessment u/s. 147 - DR relied on the provisions of section 292BB of the Act and submitted that non-issue of notice u/s. 143(2) within the time specified under the proviso to sec. 143(2)(ii) will not render the order of reassessment null and void - Held that - The two provisos in sub-section (1) to section 148 has been inserted with retrospective eff.....
2015 (7) TMI 601 - ITAT BANGALORE
Shri H. Lakshminarayana Versus The Income Tax Officer, Ward 2 (3) , Bangalore
Penalty u/s. 271(1)(c) - interest so earned by the assessee had not been offered to tax by the assessee in the returns of income filed for A.Ys. 2004-05 to 2008-09. Similarly, the assessee also did not declare interest received on SB account for A.Ys. 2004-05 to 2008-09 - Held that - The show cause notice u/s. 274 of the Act is defective as it does not spell out the grounds on which the penalty is sought to be imposed. In our view, the aforesaid .....
2015 (7) TMI 83 - ITAT DELHI
M/s New Okhla Industrial Development Authority Versus Assistant Commissioner of Income Tax, Circle-1, Noida
Reopening of assessment - whether the assessment framed without issuing the notice u/s 143(2) of the Act is a valid assessment? - Held that - Where notice u/s 143(2) of the Act is not issued to the assessee before framing the assessment u/s 143(3) of the Act, the AO does not have the jurisdiction to make the assessment. In the present case, the AO issued the notice u/s 148 of the Act and the assessee furnished the return of income in response to .....
2015 (6) TMI 6 - ITAT JAIPUR
M/s. Mundra Woolen Mills (P) Ltd. Versus The ACIT Circle- 2, Ajmer
Restoration of original appeal - Rule 10 of Income Tax Rules regarding filing of affidavit - Claim of unlawful survey proceedings - A crude attempt to influence independent judgment process for petty professional ends - Held that - It may be pertinent to mention that ld. Counsel Shri K C Moondra FCA and Mukul Moondra ACA, seem to be ignorant about filing a proper power of attorney, which is to be given on a NON JUDICIAL stamp paper. Whereas they .....
2015 (6) TMI 328 - RAJASTHAN HIGH COURT
Commissioner of Income Tax, Udaipur Versus Shri Bhuvnesh Maheshwari
Notice under Section 143(2) - CIT(A) arrived at the conclusion that no notice under Section 143(2) was served upon the assessee on or before 30.9.2010, therefore, the process under the provision aforesaid was impermissible - Held that - So far as service upon Shri Bherulal said to be an employee of the assessee is concerned, it is pertinent to notice that by way of filing an affidavit Shri Bherulal stated on oath before the Commissioner of Income.....
2015 (3) TMI 795 - ITAT LUCKNOW
Sardar Balbir singh Versus Income Tax Officer Kanpur
Reopening of assessment - issuance of Notice u/s 148 r.w.s 151(2) - Sanction for issue of notice - Held that - Provisions of sub-section (2) of section 151 of the Act is to be applied for issuing notice under section 148 of the Act and as per sub-section (2) of section 151 of the Act, the Assessing Officer was required to obtain sanction/approval from the Jt. Commissioner of Income-tax and in the instant case, approval/sanction was obtained from .....
2015 (2) TMI 733 - DELHI HIGH COURT
TULIP ENGINEERING PVT. LTD Versus INCOME TAX OFFICER
Validity of reopening of assessment - Held that - The reasons to believe recorded by the AO and duly communicated to the assessee had noted that its name figures as one of the beneficiaries of alleged bogus transactions, which had cropped up during the investigation carried out by the Directorate of Investigation, Jhandewalan. The entries relating to the transactions and the sums of money were also included in tabular statement as part of the not.....
2015 (3) TMI 358 - ITAT DELHI
Greater Noida Industrial Development Authority Versus ACIT, Circle 3, Noida
Non issuance of notice u/s 143(2) - Reassessment u/s 147 - Revenue contended that ground of non-issuance of notice u/s 143(2) by the A.O. was not raised either before the AO or before the Ld.CIT(A) - Held that - In the instant case, admittedly, the notice under section 143(2) has been issued beyond the period of one year from the date of filing of the return. Further, it may be mentioned that omission on the part of the assessing officer to issue.....
2014 (11) TMI 348 - ITAT HYDERABAD
M/s. Ghanshyamdas Gems and Jewels Versus The Deputy CIT Central Circle-5, Hyderabad
Application of provisions of section 292BB Notice issued to be deemed valid or not - Held that - The notice u/s. 144 r.w.s. 158BC of the Act was issued in this case on 29.4.2008 and notice u/s. 143(2) was issued on 2.2.2005 - Since the provisions of section 292BB curtails the right of the assessee in Kuber Tobacco Products Pvt. Ltd. vs. DCIT 2009 (1) TMI 304 - ITAT DELHI it has been held that section 292BB would operate prospectively - Therefore,.....