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Reopening of assessment - non-application of mind by AO - ...


Tax Reassessment Overturned Due to Insufficient Evaluation by Tax Authorities, Citing Non-application of Mind.

March 16, 2024

Case Laws     Income Tax     HC

Reopening of assessment - non-application of mind by AO - Borrowed satisfaction - Reliance on investigation initiated by Directorate General of Goods and Services Tax (“DG GST”) - The court observed that both the AO and the PCIT failed to properly assess the information and circumstances before approving the reopening notice. They did not adequately verify the petitioner's compliance with disclosure requirements or consider the timing constraints for issuing such notices. This lack of diligence amounted to a total non-application of mind, rendering the approval and subsequent proceedings unsustainable.

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