Tag Archives: Income tax Officer

Capital gains tax cannot be levied under Section 2(47) without verifying whether the assessee was a power-of-attorney holder or the actual landowner.

By | October 5, 2026
0 Comment

Capital gains tax cannot be levied under Section 2(47) without verifying whether the assessee was a power-of-attorney holder or the actual landowner. Issue Whether long-term capital gains under Section 2(47) can be assessed in the hands of an assessee under a Joint Development Agreement without verifying whether he acted merely as a power-of-attorney holder/agent rather… Read More »

Intimation Under Section 143(1) Passed After Issuing Section 143(2) Scrutiny Notice Is Legally Void

By | October 3, 2026
0 Comment

Intimation Under Section 143(1) Passed After Issuing Section 143(2) Scrutiny Notice Is Legally Void Issue Whether an intimation passed under Section 143(1) of the Income-tax Act, 1961 after the issuance of a scrutiny notice under Section 143(2) is legally void, rendering the subsequent assessment order under Section 143(3) that relies on it invalid. Facts The… Read More »

Reassessment Proceedings Initiated Against Deceased Assessee Without Serving Notice on Legal Representatives Are Void

By | October 2, 2026
0 Comment

Reassessment Proceedings Initiated Against Deceased Assessee Without Serving Notice on Legal Representatives Are Void Issue Whether reassessment proceedings initiated under Section 148 against a deceased assessee—and completed ex parte without issuing notice to the legal representatives under Section 159—are bad in law and liable to be quashed. Facts Assessment Year: 2011-12. Property Sale: The deceased… Read More »

Section 148 Reassessment Notice Issued to a Deceased Assessee Is Invalid and Void Ab Initio

By | October 2, 2026
0 Comment

Section 148 Reassessment Notice Issued to a Deceased Assessee Is Invalid and Void Ab Initio Section 148 Reassessment Notice Issued to a Deceased Assessee Is Invalid and Void Ab Initio Issue Whether a reassessment notice issued under Section 148 in the name of a deceased assessee is invalid and non-est in law when no notice… Read More »

Denial of Section 11 Exemption Requires Computing Net Income, Not Taxing Gross Receipts

By | October 2, 2026
0 Comment

Denial of Section 11 Exemption Requires Computing Net Income, Not Taxing Gross Receipts Issue Whether the denial of Section 11 exemption due to non-filing of Form 10BB permits the Assessing Officer to tax the trust’s entire gross receipts without allowing statutory expenditures and properly computing the net taxable income. Facts Assessee Profile: The assessee is… Read More »

Penalty Imposed Under Section 271D By Faceless Assessment Unit Instead Of Penalty Unit Is Void For Lack Of Jurisdiction

By | October 1, 2026
0 Comment

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 Issued Beyond Three Years Void As Embedded Income Failed Rs 50 Lakh Threshold

By | October 1, 2026
0 Comment

Reassessment Notice Issued Beyond Three Years Void As Embedded Income Failed Rs 50 Lakh Threshold Issue Whether a reassessment notice under Section 148 issued beyond the 3-year limitation period is legally valid under Section 149(1)(b) when the actual income component embedded in gross contractual receipts is less than the statutory threshold of Rs. 50 lakhs.… Read More »

Reassessment Notice Served By Affixture At Wrong Address Without Following Proper Procedure Is Invalid

By | October 1, 2026
0 Comment

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 »

Ex-Parte Dismissal Without Merits Invalid And Successive Non-Compliances Under Section 142(1) Constitute Single Default

By | October 1, 2026
0 Comment

Ex-Parte Dismissal Without Merits Invalid And Successive Non-Compliances Under Section 142(1) Constitute Single Default Ex-Parte Dismissal Without Merits Invalid And Successive Non-Compliances Under Section 142(1) Constitute Single Default Issue Whether an ex-parte order passed by CIT(A) dismissing an appeal for non-prosecution without deciding it on merits as required under Section 250(6) is legally sustainable. Whether… Read More »

Reassessment Based Solely On Vague Anonymous Tax Evasion Petition Without Credible Material Is Invalid

By | October 1, 2026
0 Comment

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 »