Validity of ex-parte assessment order u/s. 144 r.w.s. 147 - ...

Tribunal Overturns Reassessment Due to Lack of Notice Evidence; Assessee's Appeal Delay Condoned for Bona Fide Reasons.

May 16, 2024

Case Laws Income Tax AT

Validity of ex-parte assessment order u/s. 144 r.w.s. 147 - Delay in filing the appeal before the CIT(A) - The ITAT Mumbai allowed the appeal filed by the assessee, condoning the delay in filing the appeal due to the bona fide reasons provided. The Tribunal invalidated the reassessment proceedings and the assessment order due to the failure of the Revenue to produce evidence of the issuance and service of the notice u/s 148. Consequently, the grounds related to the validity of the reassessment proceedings and the assessment order were allowed, and the merits of the additions to the total income were left open.

View Source

← Previous Next →

Validity of ex-parte assessment order u/s. 144 r.w.s. 147 - ...

Tribunal Overturns Reassessment Due to Lack of Notice Evidence; Assessee's Appeal Delay Condoned for Bona Fide Reasons.

May 16, 2024

Case Laws Income Tax AT

You may also like:

ITAT invalidated reassessment proceedings due to jurisdictional defects in notice issuance under s.148. ITO Ward 3(2), Bulandsahar transferred assessee's records to ITO...

The court held that the Joint Assessing Officer (JAO) lacked jurisdiction to issue notices u/s 148 of the Income Tax Act for reassessment, as per Section 151A read with...

The High Court ruled that the Joint Assistant Commissioner (JAO) lacked jurisdiction to issue notices u/s 148 for reassessment of income escaping assessment. The notices...

Validity of reopening of assessment - Approval of PCIT u/s 151 - The Tribunal acknowledged the Assessee's argument regarding the mechanical approval granted by the PCIT....

Undervaluation of imported goods - Patchouli Oil - The CESTAT found that the rejection of the declared value lacked legal basis and was unsupported by evidence. The...

Reassessment action initiated based on Section 148 notice and subsequent Section 148A(b) notice violated the First Proviso to Section 149(1) and was barred by the...

The High Court held that for a valid reassessment notice u/s 148 of the Income Tax Act, the Revenue must comply with Section 151A, which mandates the issuance of such...

Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was...

Confiscation of the gold bars - remelted gold of foreign origin or not - The admissibility and weight of retracted statements - The Tribunal found that the appellants...

Condonation of delay of 1434 days - Section 35B(3) of CEA - delay due to illness of concern persons and misplacement of paper due to loss of memory - sub-section (5)...

Fraudulent exports - Seeking to recover the drawback as well as seeking to impose penalties on all the noticees thereon - after about two years supplementary Show Cause...

Penalty imposed u/s 114(1) of the Customs Act, 1962 for alleged abetment of illegal export by arranging lorries. Lack of admissible evidence showing knowledge of goods...

The Income Tax Appellate Tribunal (ITAT) held that the reassessment notices issued u/s 148 of the Income Tax Act for the assessment years 2013-14, 2014-15, and 2015-16...

The Appellate Tribunal considered the validity of a re-assessment notice issued by the jurisdictional AO instead of the designated Faceless Assessing Officer (FAO) as...

Validity of reassessment proceedings - Reason to believe - The tribunal found that there was sufficient "reason to believe" that income had escaped assessment due to the...

Quick Updates: