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Hyosung Corporation Versus The Authority For Advance Rulings & Another

2016 (4) TMI 467 - DELHI HIGH COURT

Reopening of assessment - Held that:- The Court considers it appropriate to modify para 27 of its judgment dated 11th February 2016 and substitute it as under: - "27. Turning to the notice issued in the instant case to the Petitioner under Section 143(2) (ii) of the Act, it is seen that it is in a standard format which merely states that "there are certain points in connection with the return of income on which the AO would like some further information." In any event the question raised in .....

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ibhu Bakhru, JJ. For the Petitioner : Mr Deepak Chopra, Mr Amit Shrivastava and Mr Manasvini Bajapai, Advocates For the Respondent : Mr Ashok K. Manchanda, Senior Standing Counsel with Ms Vibhooti Malhotra, Advocate ORDER REVIEW PET. 143/2016 1. This is an application by the Petitioner seeking a limited review of the judgment dated 11th February, 2016. 2. This Court has heard the learned counsel for the parties. 3. The challenge in the main petition was to an order dated 7th August 2013, passed .....

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that the question raised in the application was a question that was 'pending' adjudication and therefore the aforementioned bar in terms of clause (i) below the proviso to Section 245 R (2) of the Act could apply. 4. One of the questions considered by this Court was whether the AAR was justified in coming to the above conclusion. In that context the Court examined the issue as to when a question can be said to be pending for the purposes of clause (i) of the proviso to Section 245R(2) o .....

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ning to the notice issued in the instant case to the Petitioner under Section 143(2) of the Act, it is seen that it is in a standard pre-printed format which merely states that there are certain points in connection with the return of income on which the AO would like some further information . The said notice fails to satisfy the particulars of claim of loss, exemption, deduction, allowance or relief as mandated by Section 143(2)(i) of the Act. In any event the question raised in the applicatio .....

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) (i) is concerned, a notice issued thereunder was required to specify 'particulars of such claim of such exemption, deduction, allowance or relief made in return is inadmissible' which according to the AO was inadmissible. The AO would then call upon the Assessee to produce evidence of particulars that the Assessee sought to rely upon in support of such claim. However, the proviso to Section 143 (2) (i) clarifies that the said provision was applicable only up to 1st June, 2003. In other .....

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, an AO can serve on the Assessee a notice requiring him to attend his office and produce any evidence on which the Assessee seeks to rely in support of return if the AO "considers it necessary or expedient to ensure that the Assessee has not understated the income or has not computed excessive loss or has not underpaid the tax in any manner'. Therefore, the scope of the enquiry that an AO can undertake in terms of Section 143 (2) (ii) is a wide ranging one. What is relevant for the pre .....

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O on 25th August, 2011 in relation to the return filed for the Assessment Year (AY) 2010-11 merely reproduces the language of Section 143 (2) (ii) of the Act. It merely states that the authorized representative of the Petitioner is required to attend the office of the AO "or produce or cause to be produced any documents the accounts and any other evidence" sought to be relied upon by the Petitioner in support of its return. There appears to be no prescribed format for issuance of the n .....

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