Tag: reassessments u/s 147

Delhi H.C : The AO framed the scrutiny assessment under Section 143(3)

High Court Of Delhi Revolution Forever Marketing Pvt. Ltd. vs. ITO Section 147, 148 Asst. Year 2009-10 S. Ravindra Bhat & Prateek Jalan, JJ. W.P.(C) 10857/2016 14th February, 2019 Counsel Appeared: S. Krishnan & Sujata Kashyap, Advocates for the Petitioner.: Ajit Sharma, Advocate for the Respondent S. RAVINDRA BHAT, J. (OPEN COURT) The petitioner is aggrieved …

Madras H.C : Whether, on the facts and circumstances of the case, the Tribunal was right in treating the reassessment under Section 147, as time barred?

High Court Of Madras Seshasayee Paper And Boards Limited vs. Union Of India Represented By The Commissioner Of Income Tax And Anr. Section 147, 148 Asst. Year 1995-1996, 1996-1997, 1997-1998 S.M. Subramaniam, J. W.P.Nos.12603, 12604 & 33239 of 2002 25th January, 2019 Counsel Appeared: A.L. Somayaji, Senior Counsel, M.P. Senthil Kumar for the Petitioner.: M/s. A.P. …

Bombay H.C : Assessing Officer can issue a notice of reopening of assessment provided he has reason to believe that income chargeable to tax has escaped assessment

High Court Of Bombay Akshar Builders And Developers vs. Assistant Commissioner Of Income Tax & Anr. Section 147, 148 Asst. Year 2011-12 Akil Kureshi & M. S. Sanklecha, JJ. Writ Petition No. 14490 OF 2018 17th January, 2019 Counsel Appeared: Ritika Agarwal I/b ACE Legal for the Petitioner.: N.C. Mohanty for the Respondent PC. 1. The …

Madras H.C : The reopening of assessment u/s.147 beyond four years is valid when there is no failure on the part of the assessee to disclose fully and truly all the material facts

High Court Of Madras Tractors And Farm Equipment Limited vs. Assistant Commissioner Of Income Tax Section 143(2), 147, 148, 80HHC Asst. Year 1997-98 T.S. Sivagnanam & Bhavani Subbaroyan, JJ. T.C.(A).No. 1548 of 2008 31st October, 2018 Counsel Appeared: Vikram Vijaya Raghavan, Subbaraya Aiyar Padmanabha,Ramamani for the Appellant.: S. Premalatha, M.Swaminathan for the Respondent T.S. SIVAGNANAM, J. …

Calcutta H.C : Whether the failure to issue a notice under Section 143(2) of the Act in course of reassessment proceedings would vitiate the reassessment proceedings altogether?

High Court Of Calcutta Pr.CIT vs. Oberoi Hotels Pvt. Ltd. Section 147, 148 Sanjib Banerjee & Abhijit Gangopadhyay, JJ. ITAT No.152 of 2015 & GA No. 3671 of 2015 22nd June, 2018 Counsel Appeared: Nizamuddin, Adv., R.N. Bajoria, Sr. Adv. & Akhilesh Gupta, Asim Choudhury & Rohan Poddar, Adv., for the Petitioner. THE COURT: 1. The …

Rajasthan H.C : the proceedings for reassessment under Section 148/147 of the Income Tax Act, 1961 were initiated by the ld. Assessing Officer on non-existing facts because ultimately the Assessee has been able to explain that the income which was believed to have escaped assessment was explainable but some other additions were made under the assessment order

High Court Of Rajasthan Prime Chem Oil Limited vs. Assistant Commissioner Of Income Tax Section 36(1)(viia), 40A(3), 68, 69, 115JA, 115JA(2), 133(6), 143(1), 143(3), 147, 147(1), 147 (a), 148, 148(1), 148(2), 152(2), 153 Asst. Year 1999-2000 and 2000-01 K.S.Jhaveri & Inderjeet Singh, JJ. D.B. Income Tax Appeal No. 220/2017 & D.B. Income Tax Appeal No. 221/2017 …

Gujarat H.C : The petitioner has challenged a notice of reopening dated 31.3.2017 issued by the respondent Assessing Officer.

High Court Of Gujarat Royal Infrastucture vs. DCIT Akil Kureshi & B. N. Karia, JJ. Section 80-IB(10), 143(3) Asst. Year 2013-14 Special Civil Application No. 23178 Of 2017 21st February, 2018 Counsel appeared: Manish J Shah, Advocate for the Petitioner.: Varun K.Patel, Advocate for the Respondent AKIL KURESHI, J. The petitioner has challenged a notice of …

Bombay H.C : Where assessee disclosed all relevant facts at time of assessment, mere fact that he had confiscated certain amount received as advance for sale of property which had been allowed as bad debts in hands of purchaser, it could not be concluded that said amount escaped assessment and, thus, impugned reassessment proceedings deserved to be quashed

High Court Of Bombay Cedric De Souza Faria vs. DCIT, Goa Section : 4, 147 Assessment year 2010-11 N.M. Jamdar And Nutan D. Sardessai, JJ. Writ Petition No. 929 Of 2017 November 21, 2017 JUDGMENT N.M. Jamdar, J. – Rule, returnable forthwith. Learned Standing Counsel waives service for the Respondents. Taken up for final disposal. 2. …

Uttarakhand H.C : Whether since it was a case where assessment had been reopened on basis of tangible material placed on record, validity of reassessment proceedings deserved to be upheld

High Court Of Uttarakhand Dolphin Drilling Ltd. Vs. Assistant Director of Income-tax Section : 92CA,147 Rajiv Sharma, J. Writ Petition No. 2655 Of 2011 November  3, 2017 JUDGMENT 1. This petition has been filed challenging the notice dated 28.3.2011 (Annexure No.6) and order dated 12.12.2011 (Annexure No.10). 2. Key facts necessary for the adjudication of this …

Madras H.C : Where Commissioner (Appeals) made an observation that addition made by AO under section 68 represented capital introduced by partners of assessee-firm, AO could initiate suitable proceedings for looking into matter as said aspect of capital introduction by partners had not been examined earlier

High Court Of Madras Alfa Investments vs. ITO, Chennai Section 147, 150 Assessment years 2010-11 and 2011-12 T.S. Sivagnanam, J. Writ Petition Nos. 27549 & 27550 Of 2017 W.M.P. Nos. 29473 & 29474 Of 2017 October 31, 2017 ORDER 1. Heard Mr. M. P. Senthil Kumar, the learned counsel appearing for the petitioner and Mrs. Hema …
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