AO granted a good reopening find on ground one assessee business got paid back a sum of huge amount to it is controlling director aside of directors remuneration and you can exact same would be to feel disallowed under part 36(1)(ii). It absolutely was kept one to due to the fact assessee had made adequate disclosures during completely new research and you may according to same the investigations is completed and you can, next, reopening see provided in case of assessee for further review year into the similar ground/issue are fell into ground out of changes from advice and same was acknowledged of the money, pursuing the exact same have a look at, impugned reopening has also been become set asid. [AY: 2007-2008]

S. 148 : Reassessment – Observe – Amalgamation regarding enterprises – Amalgamating company and amalgamated team performing off exact same address immediately following amalgamation – Supply regarding Point 170(2) applicable- Took part in the fresh new reassessment procedures – Notice and you may reassessment process good [S

This new assessee had constructed a residential strengthening and you can filed a good valuation statement during new research, which came into this world acknowledged because of the AO. After that, the brand new AO known the condition to a different valuation administrator and gotten his statement, the importance according to that was marginally more than that stated about assessee’s valuation report. Stored that aside from relying on new valuation report, discover no independent application of brain for the new AO which will justify brand new reassessment. (A beneficial.Y. 2003-04)

The fresh find of reassessment was not legitimate

Dismissing this new petition the brand new Judge held one to an effective writ petition up against a notification around part 148 wasn’t to be entertained for the a routine trends. This new notice would-be challenged should your issuing expert didn’t come with legislation or if perhaps it had been given outside the age restrict. In flirthookup mod apk the event your crushed from limitation resided, new assessee you certainly will increase such as for instance thing through to the skilled authority and you can not before the courtroom. (AY.2011-12)

S. 148 : Reassessment – Notice – Assessee has to raise arguments – Obligations out of Evaluating Officer to take on objections – Incapacity to look at arguments – Amount remanded [S. 147, Art 226]

Enabling new petition new Court stored you to definitely while the Determining Officer had an opportunity at the stage away from speaking about the objections to ensure the brand new contention of your assessee, and therefore decided to go to the underlying of your amount, the guy forgotten the situation delivering a stance the informative proposal would be tested during the time of reassessment procedures after providing sufficient possibility to the brand new assessee. Plus the Examining Officer had no issue to indicate that the assessee got generated payment during the bucks to S and you may after that, received the same matter straight back from the real-date gross payment form. Count remanded so you’re able to Examining Manager.(AY. 2015-16)

Dismissing new petition the latest Courtroom stored one to into situations and you will points centered, this new assessee was required to be involved in the fresh new reassessment procedures less than section 147 by distribution the data files and you may research to ascertain their circumstances. Immediately after merger with feeling regarding both the practices, HCLP and you may HCLC, had been powering in the same premises. After that, brand new receipt of your own observe given because of the Assistant Administrator had perhaps not already been debated from the assessee. Thus, section 170(2) could well be appropriate and you can sucsh soil could not qualify to possess the objective of quashing the entire proceedings started lower than area 147. Also on deserves, the fresh new Assistant Commissioner got oriented that there is “cause to trust” in view of certain this new information based in the matter of bought systems out-of mutual loans. This could perhaps not establish any appropriate cause for the goal of assailing this new notice given significantly less than area 148. (AY. 2005-06)