S. 148 : Reassessment – Find – Correct techniques getting then followed – Writ against the observe are ignored [S

AO given a great reopening observe towards the crushed that assessee organization had reduced an amount of great deal so you can it’s dealing with movie director apart of administrators remuneration and you will exact same would be to be disallowed less than part 36(1)(ii). It was kept one while the assessee had generated adequate disclosures during the brand new research and considering exact same the evaluation try finished and you may, then, reopening find granted in the event of assessee to own then review 12 months into the similar ground/topic is fell for the ground regarding change from opinion and exact same is actually recognized by the money, following the same take a look at, impugned reopening has also been as lay asid. [AY: 2007-2008]

S. 148 : Reassessment – Find – Amalgamation from enterprises – Amalgamating company and you will amalgamated team operating from same target just after amalgamation – Supply out-of Point 170(2) applicable- Participated in new reassessment legal proceeding – Observe and you can reassessment proceedings legitimate [S

The latest assessee got developed a domestic strengthening and you can registered an excellent valuation declaration at the time of this new evaluation, and that was created acknowledged from the AO. Next, this new AO referred the challenge to some other valuation officer and you can gotten his declaration, the importance depending on that was somewhat higher than one said on assessee’s valuation statement. Stored you to apart from depending on this new valuation report, there clearly was zero separate applying of notice on the behalf of the latest AO that will justify the fresh new reassessment. (A beneficial.Y. 2003-04)

The new observe away from reassessment was not good

Dismissing the brand new petition the fresh Courtroom held one to a good writ petition against a notification significantly less than area 148 wasn’t as amused inside the a consistent trends. The fresh new observe would be confronted if the providing power didn’t come with legislation or if perhaps it was awarded not in the age restrict. Should your soil of limit lived, the fresh new assessee you can expect to increase such as for example point before competent authority and you may perhaps not till the court. (AY.2011-12)

S. 148 : Reassessment – Find – Assessee provides to raise objections – Obligation off Evaluating Manager to take on objections – Incapacity to take on objections – Matter remanded [S. 147, Art 226]

Making it possible for brand new petition new Court kept you to definitely whilst Determining Manager had an opportunity at stage of speaing frankly about the fresh objections to ensure the fresh assertion of your assessee, and therefore went to the root of your own matter, the guy overlooked the issue delivering a posture the truthful proposition is tested during reassessment procedures immediately following providing sufficient possible opportunity to the fresh assessee. And also the Assessing Officer didn’t come with matter to suggest your assessee got made commission in the bucks so you can S and afterwards, gotten the same amount back through the genuine-day gross payment setting. Amount remanded to help you Examining Manager.(AY. 2015-16)

Dismissing the new petition new Legal kept you to definitely on affairs and things depending, the assessee needed to take part in the reassessment legal proceeding significantly less than section 147 from the submitting the data and you will research to ascertain their instance. Immediately following merger that have impression out of both the practices, HCLP and you can HCLC, have been running in the same premises. Further, this new receipt of your see provided because of the Assistant Commissioner had perhaps not started debated because of the assessee. Thus, point 170(2) would-be applicable and sucsh floor couldn’t be considered getting the reason for quashing the whole procedures initiated under part 147. Even for the merits, brand new Assistant Commissioner got depending there was “reasoning to think” because from specific the latest materials found in the matter-of purchased equipment from common finance. This could not introduce people acceptable reason behind the reason for assailing the fresh new find awarded significantly less than section 148. (AY. 2005-06)