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Income Tax - Highlights / Catch Notes

Home Highlights March 2019 Year 2019 This

Reopening of assessment u/s 147 - non disposal of the objections ...


Reassessment Order Quashed: Section 147 Breach as Officer Failed to Address Objections with a Speaking Order.

March 27, 2019

Case Laws     Income Tax     HC

Reopening of assessment u/s 147 - non disposal of the objections by the AO by passing speaking order - sufficient to quash re-assessment order

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  1. The High Court found the order passed by the authority to be violative of principles of natural justice as it was a non-speaking order that failed to address the...

  2. The High Court quashed the reassessment order due to procedural defects. The Assessing Officer failed to dispose of the assessee's objections through a speaking order...

  3. Violation of principles of natural justice by the authority in passing a non-speaking order without applying its mind to the material on record. It emphasizes that...

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  6. HC set aside impugned orders related to GST assessment and rectification petition under Section 161 of GST Act due to lack of reasoned decision-making and violation of...

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  8. Challenge to non-speaking order of assessment and consequential rectification order. Order passed without considering objections, violating principles of natural justice....

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  10. The High Court set aside the adjudication order blocking the Petitioner's credit ledger due to lack of personal hearing and violation of principles of natural justice....

  11. Validity of assessment order - non-speaking assessment order - non-application of mind - violation of principles of natural justice - reversal of ITC - The petitioner...

  12. Validity of assessment order - breach of principles of natural justice - During an inspection, the petitioner addressed discrepancies pointed out by the authorities but...

  13. HC quashed reassessment proceedings under s.147 initiated after four years. AO's reasons revealed information was derived from original assessment documents, indicating...

  14. Non-speaking order - It is clear that the order of Tribunal is certainly a non-speaking order and the Tribunal failed to consider the grounds raised by the appellant....

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