Reopening of assessment beyond four years under Section 148 is invalid without failure by assessee to disclose all material facts. Issue Whether an assessment completed under Section 143(3) can be reopened after the expiry of four years under Section 148 when there is no allegation or finding that the assessee failed to fully and truly… Read More »
Revisional Order Passed Without Valid Jurisdiction and on Properties Used for Profession Is Void Issue Whether a revisional order passed under Section 263 is legally valid when the show-cause notice was issued by an officer lacking valid PCIT jurisdiction, and where the Assessing Officer had already made inquiries accepting that the subject properties were used… Read More »
Penalty Imposed Under Section 271D By Faceless Assessment Unit Instead Of Penalty Unit Is Void For Lack Of Jurisdiction Penalty Imposed Under Section 271D By Faceless Assessment Unit Instead Of Penalty Unit Is Void For Lack Of Jurisdiction Issue Whether a penalty order under Section 271D passed on 29.08.2024 by a Faceless Assessment Unit instead… Read More »
Reassessment Notice Served By Affixture At Wrong Address Without Following Proper Procedure Is Invalid Issue Whether a notice under Section 148 served by affixture at an incorrect address, without adhering to the procedure prescribed under Rules 17 to 20 of Order V of the Code of Civil Procedure (CPC), constitutes valid service to initiate reassessment… Read More »
Reassessment Based Solely On Vague Anonymous Tax Evasion Petition Without Credible Material Is Invalid Reassessment Based Solely On Vague Anonymous Tax Evasion Petition Without Credible Material Is Invalid Issue Whether reassessment proceedings under Section 148, founded solely on a vague and unverified Tax Evasion Petition lacking specific details, are legally sustainable when the Assessing Officer… Read More »
Reassessment Orders Without Mandatory Section 143(2) Notice And Unsubstantiated Third-Party Ledger Additions Are Void Issue Whether a reassessment order passed under Section 144 read with Section 147 is valid when completed without issuing a mandatory notice under Section 143(2), despite the assessee demonstrating that a return was filed in response to a Section 148 notice.… Read More »
Addition Under Section 69C Based on Uncorroborated Third-Party Seized Notebook and Incorrect Assessment Year Is Impermissible Issue Whether an addition under Section 69C for alleged unexplained election expenditure can be sustained when based on a loose notebook seized from a third party without corroborative evidence, and whether undated entries relating to a 2019 Lok Sabha… Read More »
Uncorroborated Loose Sheet Addition Invalid Without Inquiry and Misapplied to Wrong Assessment Year Uncorroborated Loose Sheet Addition Invalid Without Inquiry and Misapplied to Wrong Assessment Year Issue Whether an addition under Section 69A based on loose sheets seized during search can be sustained without independent verification/corroboration, and whether the addition was made in the correct… Read More »
ITAT invalidates search additions based on uncorroborated digital evidence and quashes Section 143(3) assessment. Issue Whether tax additions made solely on the basis of retrieved digital evidence (pen-drive/JSK Server and WhatsApp chats) are sustainable when there are procedural flaws, lack of Section 65B compliance, absence of custody proof, and no independent corroboration. Whether additions made… Read More »
Section 153C proceedings quashed as inordinate delay in recording satisfaction note barred action by limitation. Issue Whether initiation of assessment proceedings under Section 153C against a third party is barred by limitation and without jurisdiction due to an inordinate, unexplained delay in recording satisfaction notes and issuing notice. Facts Search Conducted: Search and seizure operations… Read More »