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.