The ITAT quashed the reassessment proceedings under s.147 as ...

Income Tax Reassessment Quashed: AO Failed to Apply Amended Provisions and Issue Mandatory Section 143(2) Notice

March 27, 2025

Case Laws Income Tax AT

The ITAT quashed the reassessment proceedings under s.147 as legally untenable. The AO erroneously applied old provisions despite issuing notice on 01.04.2021 when amended provisions became effective. The assessment was completed hastily without proper investigation, relying merely on STR information from the investigation wing without sharing it with the assessee or considering submitted information. Additionally, the AO failed to issue mandatory notice under s.143(2) for both assessment years, rendering the proceedings void ab initio. The Tribunal clarified that s.292BB cannot cure complete absence of notice (as distinguished from service defects), following Laxman Das Khandelwal. Both procedural failures resulted in the assessment being set aside as jurisdictionally defective.

View Source

← Previous Next →

The ITAT quashed the reassessment proceedings under s.147 as ...

Income Tax Reassessment Quashed: AO Failed to Apply Amended Provisions and Issue Mandatory Section 143(2) Notice

March 27, 2025

Case Laws Income Tax AT

You may also like:

Issue of reassessment u/s 263, where the Commissioner of Income Tax (CIT) upheld the reassessment as erroneous and prejudicial to the Revenue's interest for verification...

The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held...

Penalty levied u/s 274 read with Section 270A - assessee computed tax on disallowed depreciation amount at maximum marginal rate and levied 200% penalty on payable tax -...

The High Court quashed the reassessment proceedings initiated by the Assessing Officer u/s 148 of the Income Tax Act, holding it to be a case of "change of opinion" and...

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 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...

This judgment deals with the validity of reassessment notices issued u/s 148 of the Income Tax Act between July and September 2022, in light of the Tax Ordinance and the...

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

Revision u/s 263 by CIT - addition were made u/s 69 and 69C - ld PCIT has stated that the AO has not applied the rate of tax as per section 115BBE, what he meant was...

The High Court examined the validity of reassessment notices issued u/s 148 of the Income Tax Act, considering the sanction requirement u/s 151 and the impact of the...

Excess cash and stock found during survey proceedings were treated as income from undisclosed sources, liable for taxation u/s 115BBE. The Assessing Officer (AO) ordered...

Revision u/s 263 by CIT - Addition u/s 68 r.w.s 115BE - Nothing stated in the pre-amended or post amended provisions of section 115BBE that where the assessee surrenders...

Validity of reopening of assessment u/s 147 - no notice u/s 143(2) of the Act was issued by the AO for taking case under scrutiny - The Tribunal meticulously examined...

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...

ITAT upheld application of higher tax rate (60%) u/s 115BBE for unexplained cash deposits treated as deemed income u/s 68. The Tribunal confirmed that enhanced tax rates...

Quick Updates: