S. 147 : Reassessment-Communication of reason to believe-No violation of directions of Supreme Court in GKN Driveshaft (India.) Ltd.’s case-Reassessment is valid [S. 148]
Rajesh Chunara v. ITO(E) (2022) 219 TTJ 965 (Jaipur)(Trib)
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Click here to download the pdf versions of the Digest of case laws S. 147 : Reassessment-Tangible material-Reasons Communicated to Assessee bearing signature of Assessing Officer and approved by CIT(E)-Sanction of Commissioner-Reassessment notice is valid-Jurisdiction-Merely because assessee had surrendered registration jurisdiction of Assessing Officer of exemption circle would not automatically change-Jurisdiction not choice of assessee-Reassessment notice issued by Officer of Exemption circle valid-Registration under section 12AA had been cancelled with retrospective effect, the challenge to the denial of exemption under section 11 was untenable-Levy of interest under section 234B of the Act was consequential and accordingly, to be dismissed [S. 11, 12, 12A, 12AA, 120, 148, 151, 234B]
Young Indian v. ACIT (E) (2022)95 ITR 33 (SN)/ 218 TTJ 1 (Delhi)(Trib)S. 147 : Reassessment-Jurisdiction-Notice issued by Assessing Officer not having jurisdiction-Order passed by jurisdictional officer-Reassessment is void ab initio. [S. 120, 124, 127, 148]
Executive Board of The Methodist Church In India v. ACIT(E) (2022)95 ITR 30 (SN)(Mum) (Trib)S. 147 : Reassessment-Perquisite-Transfer of shares at face value-Section not existing in statute-Non application of mind-Reassessment is bad in law. [S. 2(24)(Iv), 148]
J. S. Gujral Ranjeet Singh v. Dy. CIT (2022) 95 ITR 246 (Delhi)(Trib) Ranjeet Singh v. Dy. CIT (2022) 95 ITR 246 (Delhi)(Trib) Krishna Kumar Pant v. Dy. CIT (2022) 95 ITR 246 (Delhi)(Trib) Sanjee Narayan v. Dy. CIT (2022) 95 ITR 246 (Delhi)(Trib)S. 147 : Reassessment-Reasons–Additional ground-Jurisdiction-Addition made in reassessment proceedings with regard to head for which there was no notice-Reassessment is bad in law. [S. 148]
Escorts Finance Ltd. v. Dy. CIT (2022)96 ITR 45 (SN)(Delhi)(Trib)S. 147: Reassessment-Finding of Commissioner (Appeals) recorded in perfunctory manner-Order not sustainable-Matter restored to Commissioner (Appeals) for adjudication de novo on merits. [S. 148]
Electronica Machine Tools Ltd. v. Dy. CIT (2022)96 ITR 20 (SN) (Pune) (Trib)S. 147 : Reassessment-Change of opinion-Industrial undertakings-Sale of surplus power-Reassessment is not valid. [S. 80IA(4)(iv)]
Dy. CIT v. Sunflag Iron And Steel Co. Ltd. (2022) 96 ITR 9 (SN.) (Nag) (Trib)S. 147 : Reassessment-With in four years-No failure of disclosure of facts-Reassessment order is bad in law. [S. 148]
ACIT v. AbirInfrastructure Pvt. Ltd. (2022)97 ITR 245 (Hyd.) (Trib)S. 147 : Reassessment-Assessment reopened on certain specific grounds-No addition was made on which the reassessment notice was issued-Additions made on other grounds-Reassessment is bad in law. [S. 143(3)]
Satyawan v. ITO (2022)97 ITR 16 (SN) (Delhi) (Trib)S. 147: Reassessment-No new tangible material to reopen assessment-Reassessment quashed. [S. 148]
Sanjit Jitendranath Biswas v. ITO (2022)97 ITR 14 (SN) (Surat) (Trib)