Reassessment Notices Issued Beyond Three Years Without Material Proving Escapement of Fifty Lakhs or More Are Void Issue Whether a reassessment notice under Section 148 for the Assessment Year 2015-16, issued in January 2026, is legally valid under the amended provisions of Section 149 if the Revenue fails to demonstrate that the income escaping assessment… Read More »
Reassessment Issued by an Officer Lacking Pecuniary Jurisdiction Under CBDT Instructions Is Void and Liable to Be Quashed Issue Whether a reassessment notice under Section 148 and the consequential assessment order are legally valid if they are issued by an Assistant Commissioner of Income Tax (ACIT) who lacks the pecuniary jurisdiction specified under binding CBDT… Read More »
Issuance of a Reassessment Notice Within Limitation Is Invalid If the Revenue Fails to Prove Actual Service on the Assessee Issue Whether a reassessment order and its consequential demand notice are legally sustainable if a notice under Section 148 was “issued” within the statutory limitation period under Section 149, but the Revenue fails to provide… Read More »
Completing a Reassessment Without Disposing of Objections by a Separate Speaking Order Invalidates the Entire Assessment Issue Whether a reassessment order passed under Section 147, read with Section 143, is legally valid if the Assessing Officer (AO) completes the assessment without first disposing of the assessee’s objections to the recorded reopening reasons by a separate,… Read More »
Prior to the Finance Act 2012 Amendment, Section 115JB (MAT) Did Not Apply to Foreign Banking Companies Issue Whether the Minimum Alternate Tax (MAT) provisions under Section 115JB of the Income-tax Act, 1961 are applicable to a foreign banking company (Royal Bank of Scotland) for the Assessment Year 2011-12, given that specific statutory amendments bringing… Read More »
An Assessment Order Kept in Abeyance by a Court Interim Order Still Legally Exists for the Vivad Se Vishwas Scheme Issue Whether an assessment order that has been passed but is temporarily held from being implemented due to a High Court’s interim direction can be considered “non-existent,” thereby disqualifying the assessee from opting for the… Read More »
Reassessment Based on Third-Party Digital Data Lacking Clear Evidence of Cash Receipt Deserves to Be Quashed Reassessment Based on Third-Party Digital Data Lacking Clear Evidence of Cash Receipt Deserves to Be Quashed Issue Whether a reassessment notice under Section 148 and its underlying order under Section 148A(3) can be legally sustained if they are based… Read More »
Reassessment Based on Third-Party Loose Papers Lacking a Live-Link and Relying on Retrospective Notional Rates Is Legally Unsustainable Issue Whether a reassessment notice under Section 148 can be validly issued based on loose paper entries seized from a third-party real estate broker, where the Revenue fails to establish a “live-link” to the petitioner and applies… Read More »
Excessive Share Premium Cannot Be Taxed as Unexplained Cash Credit Under Section 68 if Identity, Creditworthiness, and Genuineness Are Proven Issue Whether an investment toward share premium received by an assessee-company from its holding company can be treated as an unexplained cash credit under Section 68 merely because the Assessing Officer (AO) deems the valuation… Read More »
Reassessment Cannot Be Based on Conjectures, Surmises, or Third-Party Evidence Lacking a Direct Link to the Assessee Issue Whether a reassessment notice under Section 148 and its preparatory orders under Section 148A can be legally sustained when the alleged escapement of income is based entirely on third-party digital data without establishing any direct, corroborative link… Read More »