Reopening of assessment u/s 147 was invalid due to procedural ...

Invalid Reopening of Assessment: Procedural Errors, Lack of Verification, and Denial of Natural Justice Lead to Appeal Success.

November 14, 2024

Case Laws Income Tax AT

Reopening of assessment u/s 147 was invalid due to procedural irregularities. The Assessing Officer initiated proceedings without verifying information and the Commissioner of Income Tax granted approval without applying mind. Approval by Commissioner was without recording independent satisfaction, rendering reopening unsustainable. Consequently, notice u/s 148 and subsequent proceedings were quashed. The Commissioner of Income Tax (Appeals) erroneously passed order regarding Vivad Se Vishwas Scheme despite assessee not applying for immunity, hence order quashed. The Assessing Officer made addition without invoking any provision of law or specifying head of income, violating principles of natural justice by denying assessee opportunity to defend. Supreme Court rulings mandate providing reasonable notice of charges and provisions violated. Absence of such notice vitiated proceedings. Therefore, addition made by authorities was deleted and appeal allowed.

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Reopening of assessment u/s 147 was invalid due to procedural ...

Invalid Reopening of Assessment: Procedural Errors, Lack of Verification, and Denial of Natural Justice Lead to Appeal Success.

November 14, 2024

Case Laws Income Tax AT

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