S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act , 2015 .
S. 10: Assessment – Non -Resident Indian living in Dubai – Serach – Undiclosed foreign asseets – Look Out Circular (LOC) – Mere fact that information sought through Foreign Tax and Tax Research from other jurisdictions such as UAE was still awaited could not be reason to keep LOC against assessee pending to curtail his fundamental rights and thus, LOC is quashed . [ ITAct , 132 , Art. 226 ]
S. 147 : Reassessment-After the expiry of four years-Depreciation-No failure to disclose material facts necessary for assessment-Notice and order disposing the objection is quashed. [S. 32, 148, Art. 226]
S. 147 : Reassessment-After the expiry of four years-Accommodation entries-Internal information-No live link between material and belief- Change of opinion-Reassessment notice and order disposing the objection is quashed.[S. 143(3), 148, Art. 226, Evidence Act, 1872, S.103]
S. 147 : Reassessment-After the expiry of four years-No failure on the part of assessee to disclose fully and truly all material facts-Notice and order disposing the objection is set aside. [S. 54, 54F, 148, Art. 226]
S. 147 : Reassessment-After the expiry of four years-No failure on the part of the assessee to disclose fully and truly all material facts-Notice and order disposing the objection is quashed and set aside [S.10AA, 148, Form No 56F, Art.226]
S. 147 : Reassessment-After the expiry of four years-No new information-Disclosed all material facts fully and truly- Allegation of paper companies-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 148, Art.136]
S. 147 : Reassessment-After the expiry of four years-Full and true disclosure-Change of opinion-Books seized not returned-Unable to draw balance-sheet-Subsequently drawing the balance sheet-Assessment under section 143(3) of the Act-Return not treated as defective-Subsequent subjective analysis of Assessing Officer that income of assessee was much higher than that assessed- Change of opinion- Reassessments are not justified-Once primary facts disclosed by assessee, burden shifts to Assessing Officer-Defective return-Burden on Assessing Officer to intimate defect to Assessee for rectification within time specified- Assessing Officer not exercising discretion- Return cannot be construed as defective burden on Assessing Officer to intimate defect to Assessee for rectification within time specified. [S. 139(9)(f), 145(1) 147, 149(1)(b)(iii)]
S. 147 : Reassessment-After the expiry of four years-Different method of accounting-Capital gains-Computation-No failure to disclose material facts-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 45, 48, 112(1)(c)(ii), 143(3) 148, Art, 136]
S. 144C : Reference to dispute resolution panel-Order passed under remand proceedings also has to follow mandatory procedure-Final assessment order without following the procedure is bad in law and unlawful.[S. 144BA(12), 144C(14A),263 Art.226]