Tag Archive: assessment liable to be quashed

Can show cause notice be called the draft assessment order. as required under sub clause (xvi) of sub Section (1) of Section 144B?

Shreeji Investment & Advisory Services Vs National Faceless Assessment Centre (Bombay High Court) Appeal Number : Writ Petition (L) No. 13235 of 2021 Date of Judgement/Order : 25/10/2021 Related Assessment Year : Courts : Bombay High Court Can show cause…
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144B, 144B(1), 144B(1)( (xvi), Bobmay High Court, In Favour of Assessee

November 1, 2021

Section 147, 148, 143(3). If reopening within a period of four years of assessment u/s 143(3) then there is no bar for reopening of assessment If there is certain non-disclosure. But If reopening beyond four years for assessment already in u/s 143(3) then It must be established that the assessee has not disclosed fully and truly all material evidence with an intention to escape from the payment of tax. motive or intention on the part of the assessee for such non-disclosure is also a material ground. It is a case where the reopening beyond four years of assessment u/s 143(3) and the order of approval, which was validly granted, was produced before the Assessing Officer at the time of scrutiny and the Assessing Officer also accepted the approval order and granted exemption. Thus, the reason stated in the impugned proceedings that the assessee committed a mistake cannot be accepted. M/S.Kone Elevators (India) Pvt. … vs ACIT Madras High Court … on 16 June, 2021

Madras High Court M/S.Kone Elevators (India) Pvt. … vs ACIT… on 16 June, 2021 W.P.No.43662 of 2016 Conclusion Section 147, 148, 143(3). If reopening within a period of four years of assessment u/s 143(3) then there is no bar for…
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143(3), 147, 148, AY 2009-10, madras High Court

Consequences when the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee has escaped assessment. Answer was given in the case of DUGGAL ESTATES PVT. LTD. & ANR. vs. ITO ITAT DELHI, May 24, 2021, Section 147, 148 AY 2009-10. https://www.bpmundraca.com/it-cases-241-2021/

Consequences when the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee has escaped assessment. Answer was given in the case of DUGGAL ESTATES PVT….
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147, 148, Assessment is Null and void, AY 2009-10, Delhi Tribunal, Disposal of objection, In Favour of Assessee, Reason recorded, Speaking order

Consequences of absence of the notice u/s. 143(2) of the Act before framing the assessment order? Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021. Section 148: Consequences of granting approval by CIT in a mechanical manner by putting only “Yes”. Answer order liable to to be quashed. RAM NIWAS JAIN vs.ITO. ITAT DELHI on 07-Jan-2021.

RAM NIWAS JAIN vs. INCOME TAX OFFICER IN THE ITAT DELHI BENCH ‘SMC’ H. S. SIDHU, JM. ITA NOS. 6908 & 6909/DEL/2019 07-Jan-2021 Section 147, 148, 143(2) AY 2010-11 Decision in favour of:Assessee Consequences of absence of the notice u/s….
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142(1), 143(3), 147, 148, AY 2010-11, Delhi Tribunal, In Favour of Assessee

January 12, 2021