S. 148 : Reassessment-Notice-Reason should be based on tangible material-Sanction for notice accorded mechanically-Notice was not valid. [S. 147, 151]
Lakhmi Chand Tejoo Mal v. ACIT (2022)96 ITR 612 (Delhi) (Trib)S. 148 : Reassessment-Notice-Reason should be based on tangible material-Sanction for notice accorded mechanically-Notice was not valid. [S. 147, 151]
Lakhmi Chand Tejoo Mal v. ACIT (2022)96 ITR 612 (Delhi) (Trib)S. 148 : Reassessment-Notice–Death of assessee-Department was not informed of death of assessee even though notice was received by family members-Assessment order not invalid on ground of notice had been served on deceased-No return filed–Failure to issue notice under Section 143(2) does not render reassessment proceedings invalid-Substantial cash deposited in Bank Account of assessee-Sufficient for formation of belief-Addition is confirmed. [S. 68, 143(2), 147]
Ashoksinh Indrasinh Kumpavat v. ITO (2022) 99 ITR 19 (SMC) (SN.)(Ahd) (Trib)S. 148 : Reassessment-Notice-Proceedings for rectification of mistake dropped after considering reply-Reassessment proceedings cannot be held to be invalid. [S. 147, 154]
Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)S. 148 : Reassessment-Notice-Minor-Form No 26AS-No reasons were recorded by the Assessing Officer Ward 6(3), who has issued the notice-Notice was not issued by the Jurisdictional officer-Objection was not raised in the course of assessment proceedings-After participating in the assessment proceedings and completion of assessment the jurisdictional issue cannot be raised-Non application of mind by the sanctioning Authority-Reassessment was quashed. [S. 4, 5, 64(IA), 124(3), 133(6), 147, 151, Contract Act, 1872, S. 11]
Apoorva Sharma v. ITO (2022) 218 TTJ 959/ 216 DTR 300 (Jaipur)(Trib)S. 148 : Reassessment-Notice-Time limit for issuance of notice u/s 143(2) has not expired-Reassessment notice is bad in law [S. 143(2), 147]
Rupal Bhupendrasingh Sandhu v. ITO (2022) 219 TTJ 12 (UO) (Ahd)((Trib)S. 148: Reassessment-Notice-Non filing of ITR-Agriculturist-Deposits of cash in assessee’s bank-Deposit in nature of exchange of agricultural land-Order passed by Assessing Officer without reason to believe and proper verification-Recorded statements not supplied to assessee-Additions made on suspicion-Additions deleted-Reassessment quashed. [S. 147]
Jagsir Singh v. ITO (2022) 98 ITR 499 (Amritsar) (Trib) Sukhraj Singh v. ITO (2022) 98 ITR 499 (Amritsar) (Trib)S. 148: Reassessment-Notice-Reason to be formed before Issue of notice-Reassessment not valid. [S. 50C, 147]
Dhoot Stono Crafts P. Ltd. v. ACIT (2022)98 ITR 249 (Jaipur) (Trib)S. 147 : Reassessment-Bogus purchase-Reopening based on investigation of CBI held valid-Non-filer and did not provide for details to substantiate the transactions-. Addition to the extent of 12.50% was held to be justifiable. [S. 68, 69C, 148, 143(3)]
Opel Paper Mills Ltd. v. DCIT (2022) 219 TTJ 121 / 217 DTR 1(Mum)((Trib)S. 147 : Reassessment-Penny stock-Report of investigation wing-Reasons recorded were generic and based on borrowed satisfaction of investigation wing-No live nexus between tangible material and reason recorded-Reopening was based on mere suspicion-Reassessment is bad in law [S. 10(38), 45, 68, 148]
Nishant Kantilal Patel v. ITO (2022) 217 TTJ 895 / 214 DTR 209 (Surat)(Trib)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)