DEEPAK KAPOOR Vs PRINCIPAL COMMISSIONER OF INCOME TAX-2, N.DELHI (DELHI HIGH COURT)

Court: DELHI HIGH COURT
Head Notes:

Held in detail by division bench of Delhi High Court comprising of Justice Vibhu Bakhru and Justice Amit Mahajan that AO cannot assume jurisdiction u/s 147 for re-opening the assessment in order to correct an error in the original assessment order framed u/s 143(3). Held that re-opening for reviewing the earlier assessment order is forbidden under the law. Held that re-opening on the grounds that market value of property sold was not offered to tax and expenses incurred in connection with transfer of property (comprising of compensation paid by assesse to its sisters pursuant to Court decree & expenses incurred to defend suit in property) are not allowable is not permissible under law since these aspects have not been unearthed pursuant to any ‘fresh information’ and that they were in the knowledge of the Assessing Officer in the course of earlier proceedings u/s 143(3). Host of decisions considered by Delhi High Court.

Law:
Section(s): 147, 148, 45, 47
Counsel(s): PIYUSH KAUSHIK COUNSEL FOR THE PETITIONER
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Uploaded By Pranav
Date of upload: November 12, 2022

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