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Articles for Reassessment, search results for department

There Cannot Be 'Disconnect' Between Reasons For Initiating Reassessment U/S 147 Of IT Act & Grounds On Which Final Order Is Passed: Delhi HC
5 days ago

There Cannot Be 'Disconnect' Between Reasons For Initiating Reassessment U/S 147 Of IT Act & Grounds On Which Final Order Is Passed: Delhi HC

Live Law  

The Delhi High Court has held that only 'original reasons' which formed the basis for initiating reassessment proceedings under Section 147 of the Income Tax Act can be taken into consideration by the Assessing Officer, for coming to the conclusion that income had escaped assessment. A division bench of Justice Yashwant Varma Hon'ble Mr. Justice Dharmesh Sharma observed that there …

Reassessment Assessment Income Department Reasons Petitioner Reassessment Proceedings
Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC
3 weeks, 2 days ago

Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC

Live Law  

The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. The right to question the correctness of the decision of the …

High Court Court Customs Reassessment Order Right Officer
Rajasthan High Court Quashes Income Tax Reassessment As Income Tax Dept. Failed To Hold Proper Investigation
4 months, 1 week ago

Rajasthan High Court Quashes Income Tax Reassessment As Income Tax Dept. Failed To Hold Proper Investigation

Live Law  

The Jaipur Bench of the Rajasthan High Court has quashed the income tax reassessment and held that the Income Tax Department had not done any investigation or held an inquiry. The bench of Justice Avneesh Jhingan and Justice Ashutosh Kumar has observed that the additions were made solely based on the order passed by the AO determining the value of …

Appeal Tax Court Customs Income Tax Order Income
Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment
5 months, 3 weeks ago

Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment

Live Law  

The Himachal High Court quashed the reassessment order on the grounds that the assessment was re-opened by the department based on 'change of opinion'.The bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja has observed that as per the record the objections were raised only by the Audit Party and, therefore, reasons have been recorded on borrowed satisfaction of …

Record Court Assessment Income Case Department Reasons
Allahabad High Court Monthly Tax Digest: May 2024
6 months ago

Allahabad High Court Monthly Tax Digest: May 2024

Live Law  

NOMINAL INDEX Mr. Pranay Dhabhai v. State Of U.P. Lucknow 2024 LiveLaw 357 Ravindra Pratap Shahi v. Union Of India And 2 Others 2024 LiveLaw 358 M/S Ace Manufacturing Systems Limited v. State Of U P And 3 Others 2024 LiveLaw 360 ORDERS/ JUDGMENTS OF THE MONTH Tax Dues Can't Be Collected From Director Of Company Under Liquidation Unless Provided …

Income Tax Capital Goods State Held High Singh Act
Congress gets ₹1,700 crore I-T notice in fresh setback ahead of Lok Sabha elections
8 months, 3 weeks ago

Congress gets ₹1,700 crore I-T notice in fresh setback ahead of Lok Sabha elections

Hindustan Times  

Congress's financial woes have worsened ahead of the Lok Sabha elections with the tax authorities serving the grand old party a notice of around ₹1,700 crore, reported PTI hours after the Delhi high court dismissed the party's petition challenging the reassessment proceedings for four years. The income tax department served the notice of ₹1,700 crore including penalty and interest for …

Tax Congress Assessment Party Notice
Congress’ plea against tax re-assessment by I-T authorities dismissed by Delhi High Court
8 months, 3 weeks ago

Congress’ plea against tax re-assessment by I-T authorities dismissed by Delhi High Court

The Hindu  

The Delhi High Court on Thursday rejected the Congress’s plea challenging the initiation of tax reassessment proceedings against it for assessment years 2017 to 2021 by tax authorities. On March 22, the court had rejected the Congress’s plea challenging initiation of reassessment proceedings pertaining to assessment years 2014-15 to 2016-17. While rejecting the plea, the High Court said the Income …

High Court Congress Tax Authorities Assessment Income
Delhi HC Rejects Congress' Plea Against Tax Re-Assessment Proceeding by I-T Dept
8 months, 3 weeks ago

Delhi HC Rejects Congress' Plea Against Tax Re-Assessment Proceeding by I-T Dept

News 18  

The Delhi High Court on Thursday rejected the pleas moved by the Congress party against the initiation of income tax re-assessment proceedings against it for four years by the tax authorities. Earlier on March 22, the court dismissed the petitions filed by Congress to challenge the re-assessment proceedings for assessment years 2014-15, 2015-16 and 2016-17. The latest four petitions for …

Congress Proceeding
Delhi HC dismisses Congress' plea against tax re-assessment by IT authorities
8 months, 3 weeks ago

Delhi HC dismisses Congress' plea against tax re-assessment by IT authorities

India TV News  

New Delhi: The Delhi High Court dismissed petitions filed by Congress challenging the initiation of tax re-assessment proceedings against it for a period of four years by tax authorities. In the earlier petition, which was dismissed last week, the Congress party had challenged the initiation of re-assessment proceedings pertaining to assessment years 2014-15 to 2016-17. The High Court had previously …

Delhi Tax Congress
Delhi High Court rejects Congress pleas against tax reassessment proceedings
8 months, 3 weeks ago

Delhi High Court rejects Congress pleas against tax reassessment proceedings

India Today  

The Delhi High Court on Thursday dismissed four fresh petitions moved by the Congress party, challenging the Income Tax reassessment proceedings initiated against it. A division bench of Justices Yashwant Varma and Purushaindra Kumar Kaurav rejected the petitions after both the Congress and the Income Tax Department agreed that the latest petitions stand covered by the judgment recently pronounced by …

Congress Assessment Court Rejects Tax Department Delhi High
Delhi High Court rejects Congress’s plea against tax reassessment
9 months ago

Delhi High Court rejects Congress’s plea against tax reassessment

The Hindu  

In a huge setback to the Congress ahead of the Lok Sabha elections, the Delhi High Court on Friday rejected its pleas challenging the reassessment proceedings initiated against it by the Income Tax department. The Congress has challenged initiation of proceedings under Section 153C of the Income Tax Act for assessment pertaining to assessment years 2014-15 to 2016-17. The I-T …

Tax Court Congress Assessment Income
Procedure U/S 148A Need Not Be Complied With Before Issuing Reassessment Notices: Kerala High Court
9 months ago

Procedure U/S 148A Need Not Be Complied With Before Issuing Reassessment Notices: Kerala High Court

Live Law  

The Kerala High Court has held that the procedure contemplated by the provisions of Section 148A of the Income Tax Act, 1961, need not be complied with before issuing notices under Section 148 of the Income Tax Act, 1961.The bench of Justice Gopinath P. has observed that when an item or cash, as in this case, is produced before a …

Kerala Tax Procedure Court Kerala High Court Income Case
Delhi HC reserves order on Congress’s pleas against tax reassessment proceedings
9 months ago

Delhi HC reserves order on Congress’s pleas against tax reassessment proceedings

The Hindu  

The Delhi High Court on Wednesday reserved its verdict on the Congress’s plea against the tax reassessment proceedings initiated against it by the Income Tax department for three successive years from 2014-15. Senior advocate Abhishek Singhvi, representing the Congress, said the tax reassessment proceedings are barred by limitation and the I-T department could have gone back to a maximum of …

Tax Congress Department Reassessment Proceedings Tax Reassessment Proceedings
Congress Approaches Delhi HC Against Tax Re-assessment Proceedings
9 months ago

Congress Approaches Delhi HC Against Tax Re-assessment Proceedings

News 18  

The Congress on Wednesday approached the Delhi High Court against tax re-assessment proceedings against it by the authorities. The matter was mentioned by the counsel for the political party before a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora which agreed to list it for hearing on Thursday. Recently, the high court had refused to interfere with …

Tax Congress
Delhi HC agrees to hear Congress’s plea against tax re-assessment proceedings
9 months ago

Delhi HC agrees to hear Congress’s plea against tax re-assessment proceedings

The Hindu  

The Delhi High Court on Tuesday listed a petition by the Congress against tax re-assessment proceedings against it for hearing on Wednesday. Last week, the High Court had rejected Congress party’s plea challenging an order of the Income Tax Appellate Tribunal declining to stay an Income Tax Department notice for recovery of outstanding tax of more than ₹100 crore. Senior …

Tax Congress Recovery Proceedings
Burden To Prove Escaped Assessment Lies On Assessing Authority: Allahabad High Court Quashes Reassessment Order Against Flipkart
9 months, 4 weeks ago

Burden To Prove Escaped Assessment Lies On Assessing Authority: Allahabad High Court Quashes Reassessment Order Against Flipkart

Live Law  

The Allahabad High Court has quashed the reassessment order against Flipkart and held that the burden to prove escaped assessment lies on assessing authority.The bench of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad has observed that the burden of establishing the existence of recorded reasons was entirely on the department. The Allahabad High Court has quashed the reassessment …

Assessment Order Turnover Flipkart Authority Petitioner Burden
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 …

Assessment Income Period Notice Department Bench Issued
Insurers under IT scanner, likely to receive tax notices worth ₹25,000 crore
10 months, 2 weeks ago

Insurers under IT scanner, likely to receive tax notices worth ₹25,000 crore

Live Mint  

Multiple insurance companies are expected to come under the Income Tax department's scanner for paying higher commissions to intermediaries and claiming higher deductions. All the income tax notices will be sent to the insurance companies which paid extra commission during the period, by March this year. Discrepancies emerged after multiple insurance companies paid extra commissions to agents and intermediaries over …

Insurance Tax Companies Notices Insurance Companies Tax Notices
Non-Mentioning Of DIN On Body Of Assessment Order Is Non-Est: ITAT
11 months, 3 weeks ago

Non-Mentioning Of DIN On Body Of Assessment Order Is Non-Est: ITAT

Live Law  

The Chandigarh Bench of Income Tax Appellate Tribunal has held that the non-mentioning of the Director Identification Number on the body of the assessment order is non-est.The bench of Aakash Deep Jain and Vikram Singh Yadav has observed that there is no mention of DIN in the body of the assessment order, and even there is no mention of. The …

Body Assessment Order Itat Cit Din No Mention
Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold Rights
1 year ago

Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold Rights

Live Law  

The Bombay High Court has quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights.The bench of Justice K.R. The Bombay High Court has quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights. The petitioner filed its return of income for the Assessment Year 2018-19 on October 30, 2018, showing Rs. 43 crore …

Tax Rights Bombay High Court Assessment Income Tax Transfer Income
Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment
1 year ago

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment

Live Law  

The Calcutta High Court has quashed the reassessment order on the grounds that the department’s personal opinion is not tangible material for reopening the assessment.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that unless glaring omissions are demonstrated or conditions precedent for exercise of the power to reopen assessment are not. The Calcutta High …

Court Assessment Income Tax Order Income Calcutta High Court Tangible Material
Section 80P(2)(d) Deduction Available On Interest Earned From Investments Made In A Co-Operative Bank: Madras High Court Quashes Reassessment
1 year, 1 month ago

Section 80P(2)(d) Deduction Available On Interest Earned From Investments Made In A Co-Operative Bank: Madras High Court Quashes Reassessment

Live Law  

The Madras High Court, while quashing the reassessment proceedings, held that Section 80P of the Income Tax Act is not available on interest earned from investments made in a cooperative bank.The bench of Justice Krishnan Ramasamy relied on a division bench decision in the case of Salem Agricultural Producers Co-operative Marketing Society, in which it was held that the co-operative. …

Society Bank Income Interest Cooperative Received Deduction
Wrongful Application Of Foreign Contribution By Trust Not In Accordance With Trust’s Objective: Delhi High Court Upholds Reassessment
1 year, 1 month ago

Wrongful Application Of Foreign Contribution By Trust Not In Accordance With Trust’s Objective: Delhi High Court Upholds Reassessment

Live Law  

The Delhi High Court has upheld the reassessment proceedings against a trust for wrongful application of foreign contribution, which was against the objective of the trust.The bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela has observed that the AO based its opinion on tangible and concrete information in the form of the petitioner’s trust deed and …

Trust Tax Court Income Foreign Act Petitioner
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 …

Jharkhand Limitation Audit Period Proceedings Legislature Act