Application to amend writ petition was rejected as the issue was rendered purely academic. Issue Whether an application seeking to amend a writ petition to challenge Section 147A should be allowed in light of a Supreme Court order remitting connected matters, when the original writ petition had already been dismissed and the issue was rendered… Read More »
Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »
Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Reassessment Beyond Four Years Is Impermissible When All Depreciation Details Were Fully Disclosed Under Scrutiny Issue Whether the Assessing Officer can validly issue a notice under Section 148 to reopen an assessment after the expiry of four years from the… Read More »
Section 148 Notice for AY 2015-16 Issued Post-Ashish Agarwal Beyond Limitation Period Is Invalid Issue Whether a Section 148 reassessment notice for Assessment Year 2015–16 issued on July 27, 2022, pursuant to the Supreme Court’s Ashish Agarwal ruling, is barred by limitation under the principles laid down in Union of India v. Rajeev Bansal. Facts… Read More »
Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Supreme Court Remits Section 148 Reassessment Jurisdiction Disputes to High Courts Following Governing Precedents Precedents Issue Whether reassessment notices issued under Section 148 by Jurisdictional Assessing Officers (JAOs) rather than the National Faceless Assessment Centre (NFAC) under Section 151A are valid, and… Read More »
Assessment Completed by ACIT Without Issuing Section 143(2) Notice Held Void for Want of Jurisdiction Issue Whether an assessment completed under Section 143(3) by an ACIT without issuing a mandatory notice under Section 143(2) is valid in law, where the initial Section 143(2) notice had been issued by an ITO. Facts The case pertains to… Read More »
Supreme Court Dismisses Revenue SLP, Affirming Section 153C Proceedings Invalid Without Direct Incriminating Search Material Issue Whether Section 153C assessment proceedings can be validly initiated against a third party based on unlinked search data and documents obtained post-search without any direct incriminating material found during the search. Facts A search under Section 132 was conducted… Read More »
Reassessment Initiated to Revisit Section 10AA Claim Examined in Scrutiny Is Void as a Change of Opinion Reassessment Initiated to Revisit Section 10AA Claim Examined in Scrutiny Is Void as a Change of Opinion Issue Whether a reassessment notice issued under Section 148 to revisit and disallow a Section 10AA SEZ deduction—which was specifically queried,… Read More »
Reassessment Notice Issued Beyond Limitation Period Under TOLA for AY 2015-16 Is Invalid Reassessment Notice Issued Beyond Limitation Period Under TOLA for AY 2015-16 Is Invalid Issue Whether the Section 148A(d) order and Section 148 notice issued on 27.07.2022 for Assessment Year 2015-16 were barred by limitation under the new reassessment regime as interpreted in… Read More »
Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Reassessment Notice Issued by JAO Instead of NFAC Remitted Back to High Court for Fresh Consideration Issue Whether reassessment notices issued under Section 148 by the Jurisdictional Assessing Officer (JAO) instead of the National Faceless Assessment Centre (NFAC) under… Read More »