There Should Be Finality To Assessment, Can’t Have Repeated Reassessment Proceeding On The Dictate Of Audit Party: Jharkhand High Court
1 year, 2 months ago

There Should Be Finality To Assessment, Can’t Have Repeated Reassessment Proceeding On The Dictate Of Audit Party: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that if the assessing authority is allowed to initiate repeated re-assessment proceedings against an assessee merely on the dictate of the audit party, there would not be finality of assessment. The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that, as far as Sections 42 and 42 of the Jharkhand Value Added Tax Act are concerned, the Legislature has deliberately inserted the non-obstante clause extending period of limitation, but the Legislature has not extended the period of limitation pursuant to an audit objection under Section 42. The only enabling provision for carrying out reassessment proceedings is contained under Section 40, read with Section 40 of the JVAT Act, which prescribes a period of limitation of five years. The issue raised was whether Section 42 is an independent provision conferring power of re-assessment or is merely an additional ground conferred upon the assessing authority for carrying out reassessment proceedings.

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History of this topic

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court
1 month ago

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court

Live Law  

The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period of limitation of five years had already expired …

Assessment Can Be Reopened Based On Audit Objections Under New Reassessment Regime: Kerala High Court
8 months, 2 weeks ago

Assessment Can Be Reopened Based On Audit Objections Under New Reassessment Regime: Kerala High Court

Live Law  

The Kerala High Court has held that assessments can be reopened based on audit objections under a new reassessment regime.The bench of Justice Dinesh Kumar Singh has observed that the provisions have been drastically changed with effect from April 1, 2022, and the audit objection is one of the reasons for re-opening the assessment. The Kerala High Court has held …

Reopening Notice Issued U/s 148 Merits To Be Quashed If Barred By Limitation Period Prescribed U/s 149: Jharkhand High Court
10 months ago

Reopening Notice Issued U/s 148 Merits To Be Quashed If Barred By Limitation Period Prescribed U/s 149: Jharkhand High Court

Live Law  

Finding that the notice issued u/s 148 is barred by the limitation period prescribed u/s 149 of the Income tax Act, 1961, the Jharkhand High Court ruled that the very initiation of reassessment proceeding is wholly without jurisdiction. The Bench found that the Department has issued the Reassessment Notice dated July 21, 2022, u/s 148 pursuant to passing of impugned …

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC
11 months, 1 week ago

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC

Live Law  

While setting aside the order disposing of assessee's objection for re-opening of assessment pursuant to the issue of notice u/s 148 of the Income tax Act, 1961 and the consequent reassessment order, the Madras High Court held that there is no scope for re-opening of the assessment, since the reasons cited for same was inspired from change of opinion of …

Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court
1 year ago

Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court

Live Law  

The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review.The bench of Justice S. Sunil Dutt Yadav has observed that the material that has come to light in the assessment proceedings for the assessment year 2008–2009 cannot be sufficient grounds to resort to reassessment proceedings.The petitioner/assessee has challenged the notice issued under. The Karnataka …

Delhi High Court Stays Reassessment Order Based On Internal Audit Objection
1 year, 10 months ago

Delhi High Court Stays Reassessment Order Based On Internal Audit Objection

Live Law  

The Delhi High Court has stayed the reassessment order based on an internal audit objection.The division bench of Justice Rajiv Shadher and Justice Tara Vitasta Ganju has observed that the expression "any audit objection" was introduced only by the Finance Act, 2022, although with effect from April 1, 2012. The Delhi High Court has stayed the reassessment order based on …

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court
2 years, 1 month ago

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court

Live Law  

The Madras High Court has held that the criminal investigation wing is separate and distinct from the assessment wing and that disclosure made before one wing will not exonerate the assessee from the requirement of making a "full and true disclosure" before the assessing officer in an assessment.The single bench of Justice Anitha Sumanth has observed that in the absence …

If Assessee Disputes Interest Liability Then Dept. Has To Follow Procedure Laid Down u/s 73 or 74 of the CGST Act: Jharkhand High Court
2 years, 3 months ago

If Assessee Disputes Interest Liability Then Dept. Has To Follow Procedure Laid Down u/s 73 or 74 of the CGST Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that if any assessee disputes the liability of interest under Section 50 of the CGST Act, then the department has to follow the specific procedure as stipulated under Section 73 or 74 of the CGST Act. The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the department failed …

Reassessment Proceedings Can't Be Initiated On Same Set Of Facts Available: ITAT
2 years, 5 months ago

Reassessment Proceedings Can't Be Initiated On Same Set Of Facts Available: ITAT

Live Law  

The Mumbai Bench of the Income Tax Appellate Tribunal has held that the reassessment proceedings cannot be initiated by applying a fresh application of mind to the same set of facts available at the time of the original scrutiny assessment proceedings. The Assessing Officer issued the notice under section 148 of the Income Tax Act, initiating the reassessment proceedings in …

7th Jharkhand Public Service Exams: Supreme Court Dismisses Plea Challenging Age Limit Relaxation
3 years, 3 months ago

7th Jharkhand Public Service Exams: Supreme Court Dismisses Plea Challenging Age Limit Relaxation

Live Law  

The Supreme Court today dismissed a special leave petition challenging Jharkhand High Court's order of dismissing a petition challenging the modification in the cut off date for determining age limit to appear in the 7th Jharkhand Public Service Commission. Commission's counsel also contended that since no examination could be held for 5 years, the Government to accommodate the aspirants for …

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