S. 148 : Reassessment – Notice – Proper procedure as used – Writ resistant to the find was disregarded [S

AO awarded an excellent reopening find for the crushed you to assessee business got paid down a sum of great deal to it’s handling movie director apart off administrators remuneration and you may exact same would be to become disallowed under section 36(1)(ii). It had been kept one to just like the assessee had generated adequate disclosures through the original review and you can according to exact same its analysis are accomplished and you may, subsequent, reopening see provided if there is assessee for next testing year on similar crushed/thing was dropped for the surface regarding change of viewpoint and you will same was acknowledged because vietnamcupid mobile site of the funds, following exact same have a look at, impugned reopening was also become set asid. [AY: 2007-2008]

S. 148 : Reassessment – Notice – Amalgamation out of companies – Amalgamating providers and you may amalgamated business performing of same address shortly after amalgamation – Provision out of Part 170(2) applicable- Participated in the newest reassessment proceedings – Find and you will reassessment process valid [S

The new assessee had built a domestic strengthening and you may registered good valuation report during the latest comparison, which was born acknowledged by AO. Then, the new AO known the issue to some other valuation administrator and you can gotten their report, the value according to which was marginally more than that stated on assessee’s valuation statement. Stored you to besides relying on this new valuation declaration, there was no separate application of notice on the part of the latest AO that could validate the new reassessment. (A beneficial.Y. 2003-04)

The new find from reassessment was not valid

Dismissing this new petition brand new Judge kept you to a writ petition facing a notification around section 148 was not to-be entertained during the a frequent fashion. The find will be challenged in the event your issuing authority had no jurisdiction or if it had been awarded not in the age maximum. When your ground of restrict existed, the fresh assessee you can expect to increase including procedure before the skilled authority and you can perhaps not through to the court. (AY.2011-12)

S. 148 : Reassessment – Notice – Assessee keeps right to raise objections – Duty off Evaluating Officer to look at arguments – Incapacity to adopt objections – Number remanded [S. 147, Ways 226]

Allowing the newest petition the Judge held one to whilst the Assessing Manager got the opportunity at the stage regarding dealing with this new arguments to confirm the newest assertion of the assessee, hence visited the root of count, he forgotten the situation delivering a stance your factual proposition might be looked at during reassessment procedures immediately after offering enough opportunity to the latest assessee. As well as the Determining Manager didn’t come with matter to point the assessee got generated payment in dollars in order to S and thereafter, received an equivalent amount back through the genuine-go out terrible settlement function. Amount remanded to Determining Manager.(AY. 2015-16)

Dismissing the new petition the fresh new Judge stored you to definitely on the circumstances and you will points established, the fresh assessee needed to take part in the latest reassessment proceedings under section 147 because of the distribution their data files and you will research to determine their situation. Once merger that have effect of both the offices, HCLP and you will HCLC, was basically running in the same premises. Further, the fresh acknowledgment of one’s observe provided from the Assistant Commissioner had maybe not started debated because of the assessee. For this reason, area 170(2) was appropriate and you may sucsh surface couldn’t qualify having the goal of quashing the whole procedures started under section 147. Even towards the merits, the latest Secretary Commissioner got centered that there is “reasoning to believe” because from specific this new materials based in the case of ordered units out-of shared finance. This may maybe not expose any acceptable cause for the reason for assailing the see given less than part 148. (AY. 2005-06)