Author: ksalegal

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S.C. Johnson Products P. Ltd. v. ACIT (2018) 400 ITR 426/ 253 Taxman 108 / 161 DTR 209 (Delhi) (HC)

S. 147:Reassessment —Assessment of subsequent year showing that claims allowed in original assessments were based on erroneous statement by assessee — Reassessment notice was held to be valid [ S.148 ]

Alfa Investments. v. ITO (2018) 400 ITR 445/ 161 DTR 155 / 300 CTR 85 (Mad) (HC)Editorial: Affirmed by division Bench , Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425 ( Mad) (HC) Editorial: Affirmed by division Bench , Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425 ( Mad) (HC)

S. 147: Reassessment —Cash credits –No specific direction- Finding of the CIT(A) in assessment year , 2012-13 stating that the amount assessable in the years 2009-10 and 2010 -2011- Reassessment was held to be valid [ S. 68, 148 ]

Vijay Harishchandra Patel. v. ITO (2018) 400 ITR 167/ 167 DTR 475 (Guj) (HC)

S. 147: Reassessment — With in four years -Change of opinion- Reassessment was held to be not valid [ S. 148 ]

Krishna Developers and Co. v. DCIT (2018) 400 ITR 260 (Guj) (HC)Editorial: SLP of assessee is dismissed, Krishna Developers and Co. v. DCIT ( 2018) 254 Taxman 125 ( SC)

S. 147 : Reassessment –With in four years-Original assessment reassessment was held to be invalid for non service of notice u/s 143(2)- Notice reassessment on same ground was held to be valid .[ S.143(2), 148 ].

CIT v. Rajan N. Aswani ( 2018) 403 ITR 30 / 165 DTR 371 (Bom)(HC) , www.itatonline.org

S.147:Reassesment –With in four years-Audit objection- Reply of Assessing Officer to audit objection opposing the reassessment- , Apex court Judgement was not available- Reassessment was held to be bad in law . [ S. 80IB, 148 ]

Invensys Process Systems (S) v. ADIT (2018) 252 Taxman 199 (Uttarakhand) (HC)

S.147: Reassessment- Failure in computing income from outside India at a low rate – Reassessment was held to be valid [ S. 44BB, 148 ]

Kovalam Santhana Krishnan Mohan v. ITO (2018) 404 ITR 597/252 Taxman 289 (Mad.)(HC)

S. 147 : Reassessment – Order was passed without following the principle of natural justice , therefore the matter was remitted back to income tax officer for fresh consideration [ S.44AB, 45 ]

Dolphin Drilling Ltd. v. ADIT (2018) 401 ITR 209/ 252 Taxman 181 (Uttarakhand)(HC)

S. 147 : Reassessment –With in four years- Reassessment on basis of tangible material placed on record was held to be valid [ S.44BB(3), 92CA ]

Jaydeepkumar Dhirajlal Thakkar v. ITO (2018) 401 ITR 302/165 DTR 404 / 305 CTR 683 (Guj) (HC)

S. 147: Reassessment- Notice issued in name of deceased assessee — Objection raised by legal heir of deceased assessee before completion of reassessment — Notice was held to be null and void [ S. 148, 159, 292B, 292BB ]

Jayanthi Natarajan (Ms.) v. ACIT (2018) 401 ITR 215 / 300 CTR 225/ 161 DTR 281 (Mad) (HC)

S. 147: Reassessment —Natural justice -Order passed without disposing of objections raised by assessee for reopening was improper and null and void [ S. 143(2), 148 ]