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Income Tax - Highlights / Catch Notes

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Reopening of assessment u/s 147 - The High Court observed that, ...


Court Quashes Assessment Proceedings Due to Lack of Valid Reasons and Reliance on Guesswork, Violating Tax Laws.

February 6, 2024

Case Laws     Income Tax     HC

Reopening of assessment u/s 147 - The High Court observed that, the expression “accommodation entry” and “bogus financial transaction” in the recorded reasons are not reason for formation of reasonable belief but are conclusions. - The HC further observed that it is also not clear whether the statement of “accommodation entry provider” is recorded U/s 132(4) or Section 133A, inasmuch as, a statement recorded U/s 133A has no evidentiary value. - The High Court quashed the proceedings / notice since the Assessment Order is passed on pure guess work without any relevant material which is contrary to mandates of Section 144 dealing with Best Judgment Assessment.

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