HC held that reassessment proceedings for AY 2002-03 and 2003-04 ...

Tax Reassessment Invalidated: Four-Year Limitation Bars Revenue Department from Reopening Assessments Without Substantial Evidence

April 30, 2025

Case Laws Income Tax HC

HC held that reassessment proceedings for AY 2002-03 and 2003-04 were invalid as they were initiated beyond the four-year limitation period. The revenue failed to establish that the assessee intentionally suppressed material information. The error in the commencement date was considered inadvertent, not deliberate. For AY 2004-05, the reassessment was within the four-year period, but no material justification was found to reopen the original assessment. The court emphasized that reassessment is not a review process and must be based on tangible evidence of non-disclosure. Consequently, the writ appeal was dismissed, protecting the assessee's original tax assessments.

View Source

← Previous Next →

HC held that reassessment proceedings for AY 2002-03 and 2003-04 ...

Tax Reassessment Invalidated: Four-Year Limitation Bars Revenue Department from Reopening Assessments Without Substantial Evidence

April 30, 2025

Case Laws Income Tax HC

You may also like:

Assessee company failed to deduct tax at source as reflected in Tax Auditor's report. Demand u/s 201(1)/201(14) was barred by limitation. Assessee submitted that...

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 HC allowed the appeal, setting aside the order of reassessment dated 30.05.2018 by the Assessing Officer as being barred by limitation under proviso to Section 40 of...

HC held that the second Section 148 notice was issued beyond the statutory limitation period of four years from the end of AY 2016-17. The first Section 148 notice was...

HC held that expenditure towards MRF Pace Foundation constitutes business promotion and is not a charitable donation. The revenue's power is limited to examining the...

The Delhi High Court examined the validity of reassessment proceedings u/s 147 after a four-year lapse. The court emphasized the requirement of "reasons to believe" for...

The ITAT held that the reassessment notice u/s 148 for AY 2014-15 and AY 2015-16 was time-barred. For AY 2014-15, the assessee failed to respond within the two-week...

Orders u/s 201(1) and 201(1A) - period of limitation - True, the provision was amended bringing in a limitation of four years, in 2010 and then later extended to six...

HC held that despite considering three block periods of limitation exclusion as per SC precedents, the re-assessment notice dated 23 July 2022 exceeded statutory...

The Appellate Tribunal examined the reopening of assessment after four years and the addition u/s 68 of the Income Tax Act. It held that the original assessment was...

HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals...

The HC allowed the petition and set aside the impugned reassessment notice and subsequent proceedings. The AO's satisfaction note for invoking reassessment proceedings...

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...

The revisional order for assessment proceedings for the financial year 2006-07 was challenged on the grounds of limitation u/s 33 of the TVAT Act, as it was undertaken...

The HC held that the four-year limitation period u/s 64 of the Karnataka Value Added Tax Act, 2003, pertains to the initiation of revisional proceedings by the...

Quick Updates: