The case involves the reopening of assessment u/s 147 to ...

Assessment reopened to check non-filing status. Reopening based on survey operation at hotel. Incorrect return filing info = invalid jurisdiction.

Case Laws Income Tax

August 14, 2024

The case involves the reopening of assessment u/s 147 to determine if the assessee is a non-filer. Reopening was based on a survey operation at a hotel owned by the wife of the HUF's Karta. The assessee's original return filing status was not mentioned in the reasons recorded by the AO, leading to an invalid assumption of jurisdiction u/s 148. Citing relevant case law, including Gaurav Joshi, 'Sagar Enterprises', 'Fortune Metaliks Ltd.', 'Monika Rani', and 'Baba Kartar Singh Dukku Education Trust', the Tribunal held that incorrect facts regarding return filing render the jurisdiction u/s 148 invalid due to lack of independent assessment by the AO. Decision favors the assessee.

View Source

← Previous Next →

The case involves the reopening of assessment u/s 147 to ...

Assessment reopened to check non-filing status. Reopening based on survey operation at hotel. Incorrect return filing info = invalid jurisdiction.

Case Laws Income Tax

August 14, 2024

You may also like:

The Assessing Officer (AO) reopened the assessment solely based on the information from a survey conducted by the Sales Tax Department, without independently examining...

Reopening of assessment u/s 147 was based on reasons to believe the difference between total cash sales and cash sales reflected in books. Held: Reopening was made only...

Reopening of assessment u/s 147 - Unexplained loan - There were no justification for the A.O. to record non-existing, incorrect and wrong facts in the reasons for...

Reopening of assessment u/s 147 - In case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of the assessment and A.O. failed to verify...

Reopening of assessment u/s 147 was invalid as Assessing Officer (AO) failed to record that assessee did not disclose fully and truly all material facts necessary for...

The crux of the matter revolves around the reopening of assessment u/s 147 of the Act and the addition made u/s 68 treating the share application received as a...

Reopening of assessment u/s 147/148 - failure to issue notice u/s 143(2) - reopening of assessment is not valid as the Income Tax Department has power to conduct the...

Validity of reopening of assessment - It is well settled Law that validity of the reassessment proceedings is to be judged with reference to the reasons recorded for...

Validity of reopening of assessment u/s 147 - Income accrued in India - Assessee had shifted to the United States - period of stay in India - Since the assessee did not...

Reopening of assessment u/s 147 - Reopening based on audit objections - reasons to believe - High Court observed that, reopening an assessment beyond four years requires...

Reopening of assessment u/s 147 was challenged. The Assessing Officer (AO) had disallowed 20% of total sundry creditors in the regular assessment u/s 143(3). The AO...

Reopening of assessment u/s 147 - reason to believe - there was tangible material before the AO to reopen the concluded assessment as the assessee is claiming huge...

Validity of reopening assessment challenged due to non-disposal of objections raised by assessee against reassessment. Deduction u/s 24(a) proposed to be disallowed....

Reopening of assessment u/s 147 - Reopening on the basis of the audit objections - the reasons for reopening of the assessment are almost identically worded as that of...

The High Court quashed the reopening notice issued by the Assessing Officer u/s 148 for reassessment beyond the period of four years. The assessee had filed returns...

Quick Updates: