Reopening of assessment u/s 147 - material which was examined ...

High Court: No Reopening u/s 147 Without New Evidence; Section 144C Failure Insufficient for Sections 147/148 Actions.

July 9, 2021

Case Laws Income Tax HC

Reopening of assessment u/s 147 - material which was examined and qua which opinion was rendered by the AO while passing the draft assessment orders - The failure to arrive at a logical conclusion in a Section 144C proceeding cannot become the ruse for initiating the proceedings under Section 147/148 of the Act in the absence of new material emerging before the AO which gives the AO reason to believe that assessee's income chargeable to tax had escaped assessment - HC

View Source

← Previous Next →

Reopening of assessment u/s 147 - material which was examined ...

High Court: No Reopening u/s 147 Without New Evidence; Section 144C Failure Insufficient for Sections 147/148 Actions.

July 9, 2021

Case Laws Income Tax HC

You may also like:

Once the case of reassessment is made out by the AO which falls in the preview of specific provisions of section 153C of the Act, the AO cannot resort to invoke the...

HC determined reassessment proceedings initiated under s.147/148 were invalid when based on materials discovered during search operation under s.132. Where incriminating...

Reopening of assessment u/s 147 - Time limit for notice - there is no document made available to prove that the notice under section 148 dated 31.03.2018 was sent for...

Reassessment action initiated based on Section 148 notice and subsequent Section 148A(b) notice violated the First Proviso to Section 149(1) and was barred by the...

The ITAT invalidated the reopening of assessment under section 147/148 due to the Assessing Officer's failure to independently apply his mind before issuing the notice....

In light of the search material, the course of action should have been taken u/s 153C instead of Section 148. The Assessing Officer erred in invoking reassessment...

ITAT adjudicated a dispute concerning assessment proceedings under sections 153C and 147. The tribunal determined that the AO improperly issued notice under section 148...

Validity of assessment made u/s 147 instead of u/s. 153C - Addition as unexplained cash credit u/s. 68 - Upon examination, the ITAT Delhi found that the seized material,...

Validity of Assessment u/s 153C - Reopening of assessment u/s 147 - In view of such glaring fact covering huge racket of providing accommodation entries of issuing bogus...

Reopening of assessment u/s 147 v/s assessment u/s 153C - proceedings initiated u/s 132 - The correct course of reassessment is under section 153C not under section 147...

Reopening of assessment u/s 147 - Undisclosed purchase of land - the fact was discovered by the Assessing Officer on the basis of the report of District Registrar - the...

Reopening of assessment u/s 147 - a plain reading of clause (ca) of Explanation 2 of Section 147 makes it clear that it cannot be gainsaid that Section 133C survey...

Reopening of assessment u/s 147/148 - failure to issue notice u/s 143(2) - reopening of assessment is not valid as the Income Tax Department has power to conduct the...

Reopening of assessment u/s 147 - Bypassing the option to initiate scrutiny assessment u/s 143(3) - The assessment proceedings would cease to be pending either by...

Assessment to be framed u/s 153C OR u/s 147/148 - Validity of the reassessment proceedings - Initiation of action u/s 153C would arise only if the seized material are...

Quick Updates: