HC held that the Assessing Officer (AO) erroneously issued ...

Tax Notices Invalidated: Income Aggregation Across Multiple Years Deemed Improper and Violating Procedural Limitations of Section 148

April 25, 2025

Case Laws Income Tax HC

HC held that the Assessing Officer (AO) erroneously issued notices under Section 148 by aggregating alleged escaped income across multiple financial years 2016-17, 2017-18, and 2018-19. The court determined that the threshold limit of Rs. 50 lakhs cannot be calculated by cumulating income from different assessment years. The notices were time-barred under Section 149(1) as there was no singular event spanning multiple years. Consequently, the HC set aside the impugned notices and subsequent proceedings, finding that the AO's approach of combining escaped income from different years was impermissible under tax law.

View Source

← Previous Next →

HC held that the Assessing Officer (AO) erroneously issued ...

Tax Notices Invalidated: Income Aggregation Across Multiple Years Deemed Improper and Violating Procedural Limitations of Section 148

April 25, 2025

Case Laws Income Tax HC

You may also like:

The Income Tax Act did not intend to tax deemed rental income from properties held as stock-in-trade prior to the assessment year 2018-19. Section 23(5), introduced from...

HC held that show cause notices under Section 74(1) of CGST Act for alleged tax evasion must be issued separately for each financial year rather than through...

ITAT quashed assessment orders under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 due to jurisdictional defects in notice issuance....

Income tax liability of employees - Remission of income tax liability borne on behalf of the employees - it is also possible that earlier years the assessee has not...

The assessee company is eligible to claim Foreign Tax Credit (FTC) against its Minimum Alternate Tax (MAT) liability u/s 115JB of the Income Tax Act for taxes paid in...

GST dispute involving misclassification of two-wheeler seats - petitioner challenged bunching of show cause notices for multiple assessment years - HC allowed splitting...

The summary highlights the key difference between the scope of total income under the Income Tax Act and the Black Money (Undisclosed Foreign Income and Assets) and...

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...

ITAT Order Summary: The ITAT partially allowed the assessee's appeal, directing deletion of several additions and modifications to income calculations. Key outcomes...

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...

Deemed dividend u/s. 2(22)(e) - the loan given by the company only in the immediate preceding year, i.e., assessment year 2007-08, should be assessed as deemed dividend...

Exemption u/s 11 - claiming benefit of accumulation u/s 11(2) over deemed income u/s 11(3) - non application of income - the assessee should not be eligible to claim...

The High Court held that the show cause notices issued by the respondent u/s 73 of the Central Goods and Services Tax (CGST) Act, 2017, were flawed due to the improper...

The income relatable to earlier year cannot be added to the income of this year - AT

The proposed Income Tax Bill 2025 aims to replace the Income Tax Act 1961 with a modernized and streamlined tax framework comprising 536 sections across 23 chapters. Key...

Quick Updates: