S. 148 : Reassessment – See – Best processes is followed – Writ resistant to the find was ignored [S

AO awarded a reopening see towards ground you to assessee organization got paid off an amount of great deal to help you it is handling director aside from directors remuneration and you may same were to end up being disallowed not as much as area 36(1)(ii). It had been held one to once the assessee had produced adequate disclosures throughout brand new research and you can centered on exact same the research are completed and you may, further, reopening observe provided in the eventuality of assessee getting subsequent testing season towards the equivalent ground/procedure are fell on floor out of alter off viewpoint and you will same is actually approved from the cash, after the exact same evaluate, impugned reopening was also to-be set asid. [AY: 2007-2008]

S. 148 : Reassessment – Observe – Amalgamation out-of companies – Amalgamating company and amalgamated providers performing out of same address shortly after amalgamation – Supply of Section 170(2) applicable- Took part in the new reassessment process – Notice and reassessment process valid [S

The assessee had developed a residential strengthening and you can registered a good valuation report in the course of this new investigations, which was born acknowledged by AO. Next, the new AO referred the matter to a different valuation administrator and you can acquired his statement, the significance depending on which was somewhat higher than one to said on assessee’s valuation report. Stored that aside from relying on the valuation statement, there clearly was no separate application of mind with respect to brand new AO which will justify the new reassessment. (A good.Y. 2003-04)

This new see off reassessment was not legitimate

Dismissing new petition the new Judge held that an effective writ petition up against a notification lower than part 148 was not becoming entertained when you look at the a regular trends. The fresh new notice could be challenged when your providing authority didn’t come with jurisdiction or if it actually was provided beyond the ages of restriction. If your ground away from limit resided, the fresh assessee you will increase such matter before the competent expert and perhaps not before the courtroom. (AY.2011-12)

S. 148 : Reassessment – Find – Assessee has right to boost arguments – Responsibility regarding Assessing Officer to take on objections – Incapacity to take on arguments – Count remanded [S. 147, Artwork 226]

Making it possible for the fresh new petition the brand new Legal held one to whilst the Evaluating Officer got the possibility on stage of talking about new objections to verify the latest assertion of your own assessee, and therefore went to the underlying of the amount, the guy overlooked the trouble taking a stance the informative proposition could well be checked during the time of reassessment procedures just after providing adequate possible opportunity to the fresh assessee. And Evaluating Officer had no issue to suggest that assessee had made commission during the cash to S and you will thereafter, gotten an equivalent matter straight back through the real-day disgusting payment function. Amount remanded in order to Evaluating Officer.(AY. 2015-16)

Dismissing the brand new petition the new Court held you to definitely with the products and you may situations established, new assessee had to participate in brand new reassessment proceedings significantly less than part 147 from the distribution their data and you may research to determine its case. Immediately after merger that have feeling out-of both offices, HCLP and you will HCLC https://besthookupwebsites.org/tr/fetlife-inceleme/, have been powering in the same site. Next, brand new bill of the observe given because of the Secretary Commissioner got not been debated by assessee. Thus, point 170(2) would-be relevant and you may sucsh ground could not meet the requirements to have the goal of quashing the whole proceedings started significantly less than part 147. Also toward merits, the brand new Assistant Administrator had dependent there are “cause to think” in view out-of particular the material based in the matter of ordered systems from mutual money. This may perhaps not establish people acceptable cause of the goal of assailing the fresh see provided below section 148. (AY. 2005-06)