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Income Tax - Highlights / Catch Notes

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Reopening of assessment u/s 147 - notice issued u/s 148A(b) - ...


Court Quashes Notice Due to Insufficient Evidence and Lack of Rational Connection in Mutual Fund Fraud Case.

March 21, 2024

Case Laws     Income Tax     HC

Reopening of assessment u/s 147 - notice issued u/s 148A(b) - fictitious short-term capital loss - wrongdoing by the mutual fund - The High court noted discrepancies in the department's actions, including lack of clear information provided to the petitioner and reliance on incomplete data. - It observed that the petitioner, being a minor investor, was not a key player in the alleged fraudulent activities of the mutual fund. - The court emphasized the importance of a rational connection between reasons for reopening assessment and actual evidence, which was lacking in this case. - Decision: The court quashed the show cause notice, order for reopening assessment, and related notices issued by the department.

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