S. 148 : Reassessment – Find – Correct process getting then followed – Writ up against the observe is dismissed [S

30 Jun S. 148 : Reassessment – Find – Correct process getting then followed – Writ up against the observe is dismissed [S

AO granted a reopening observe towards surface you to definitely assessee business got reduced a sum of large amount to help you it is controlling movie director apart out of administrators remuneration and you may exact same would be to getting disallowed less than area 36(1)(ii). It actually was kept you to because assessee got produced enough disclosures through the fresh assessment and considering same the testing is actually completed and, subsequent, reopening observe granted in case of assessee to have next evaluation 12 months on comparable ground/question is fell into the crushed of transform from thoughts and you can same try approved by the money, following same see, impugned reopening was also to be put asid. [AY: 2007-2008]

S. 148 : Reassessment – Notice – Amalgamation out-of organizations – Amalgamating business and you will amalgamated providers working regarding same target shortly after amalgamation – Provision away from Section 170(2) applicable- Participated in the fresh new reassessment proceedings – Notice and you will reassessment proceedings good [S

The fresh new assessee got built a residential building and recorded an effective valuation statement in the course of new review, and therefore was created accepted by AO. Then, the AO called the problem to a different valuation officer and you may gotten his declaration, the importance depending on which had been marginally more than that said from the assessee’s valuation report. Kept one to except that depending on brand new valuation statement, there is no separate application of mind on the part of the AO that may validate the new reassessment. (An excellent.Y. 2003-04)

This new observe of reassessment was not valid

Dismissing new petition brand new Court held you to an effective writ petition against a notice significantly less than point 148 wasn’t become captivated inside a regular trends. This new notice was challenged if for example the giving expert didn’t come with jurisdiction or if perhaps it had been given outside of the age of limitation. In case the ground from restriction lived, brand new assessee you will boost for example issue before skilled authority and you can perhaps not through to the courtroom. (AY.2011-12)

S. 148 : Reassessment – Find – Assessee features right to increase objections – Responsibility away from Evaluating Manager to consider arguments – Failure to look at arguments – Number remanded [S. 147, Ways 226]

Allowing the latest petition the fresh Legal held you to while the Examining Administrator had an opportunity during the phase away from speaking about the objections to ensure the newest assertion of your assessee, hence went along to the underlying of number, the guy overlooked the challenge taking a posture your factual proposition is tested in the course of reassessment legal proceeding once offering enough chance to the fresh assessee. And also the Examining Officer had no topic to suggest your assessee got produced fee for the dollars in order to S and you can thereafter, received an identical matter right back from the actual-day terrible settlement means. Amount remanded so you’re able to Determining Officer.(AY. 2015-16)

Dismissing the fresh petition the fresh Courtroom held one to towards points and you can factors centered, new assessee was required to be involved in the brand new reassessment procedures below point 147 of the submitting the documents and you will proof to ascertain its circumstances. Shortly after merger that have feeling from both organizations, HCLP and HCLC, was indeed powering in identical premises. Further, the brand new acknowledgment of find issued because of the Assistant Administrator got not come disputed of the assessee. Hence, section 170(2) will be relevant and you can sucsh floor could not meet the requirements to own the intention of quashing the entire procedures initiated significantly less than point 147. Also toward merits, the latest Secretary Commissioner got founded there are “cause to believe” in view off specific this new information found in the case of purchased units regarding common fund. This may perhaps not present any appropriate cause for the purpose of assailing new see issued significantly less than point 148. (AY. 2005-06)