AO issued good reopening notice to the floor one to assessee providers got paid back a sum of huge amount to help you it’s managing director aside off administrators remuneration and you may same would be to feel disallowed not as much as part 36(1)(ii). It absolutely was held you to definitely while the assessee had produced adequate disclosures throughout the brand-new analysis and you may based on same its comparison is finished and you can, then, reopening see given in case of assessee getting subsequent comparison year with the comparable surface/procedure is fell towards the soil away from change away from advice and you may exact same try approved because of the money, pursuing the same take a look at, impugned reopening was also to-be place asid. [AY: 2007-2008]
S. 148 : Reassessment – See – Amalgamation off organizations – Amalgamating business and you will amalgamated team functioning out-of exact same address immediately following amalgamation – Provision of Area 170(2) applicable- Took part in the fresh new reassessment proceedings – Find and reassessment procedures good [S
The brand new assessee got created a residential strengthening and you may recorded an effective valuation report in the course of the newest evaluation, which came to be approved by AO. After that, brand new AO called the matter to a different valuation administrator and you may obtained his statement, the importance as per which was somewhat more than one to stated on assessee’s valuation statement. Held you to besides depending on brand new valuation report, there’s zero independent applying of mind with respect to new AO that could validate the fresh new reassessment. (An effective.Y. 2003-04)
The newest notice away from reassessment wasn’t valid
Dismissing the fresh petition brand new Judge stored one good writ petition against a notification around point 148 wasn’t as amused in a consistent manner. New see might possibly be confronted in case your giving power didn’t come with jurisdiction or if perhaps it had been awarded not in the chronilogical age of limit. Should your crushed regarding restriction lived, the new assessee you may increase particularly point up until the competent authority and perhaps not till the courtroom. (AY.2011-12)
S. 148 : Reassessment – Find – Assessee enjoys straight to improve objections – Obligation regarding Determining Officer to take on objections – Incapacity to consider objections – Matter remanded [S. 147, Artwork 226]
Making it possible for the brand new petition the Judge held you to definitely as the Evaluating Administrator got the opportunity from the stage regarding writing on this new objections to confirm the fresh new contention of your own assessee, and this visited the root of your amount, he neglected the difficulty delivering a stance the factual proposition was looked at during reassessment proceedings immediately after offering enough opportunity to this new assessee. Plus the Assessing Manager had no topic to indicate that assessee got made commission for the cash to S and thereafter, acquired a similar amount straight back through the actual-go out disgusting settlement function. Number remanded so you can Determining Administrator.(AY. 2015-16)
Dismissing this new petition this new Legal held that on facts and you may factors founded, brand new assessee needed to be involved in the reassessment legal proceeding around part 147 by the distribution their data and you can research to establish their case. Immediately following merger that have feeling out of the organizations, HCLP and you may HCLC, have been running in the same premise. Next, the fresh new bill of your own notice approved of snap sext me the Secretary Commissioner got perhaps not started disputed by assessee. Therefore, area 170(2) is appropriate and you may sucsh floor could not qualify having the purpose of quashing the entire proceedings initiated under section 147. Actually into the deserves, brand new Assistant Administrator got mainly based there is actually “cause to trust” because away from particular the newest materials based in the case of purchased gadgets from shared finance. This could not expose people appropriate reason behind the reason for assailing the fresh observe given below section 148. (AY. 2005-06)