AO granted a great reopening observe into the floor one assessee organization got paid back a sum of great amount so you’re able to it’s handling director apart away from directors remuneration and you may same was to end up being disallowed significantly less than part 36(1)(ii). It had been held that as the assessee had produced sufficient disclosures through the unique assessment and based on same the assessment are complete and you may, next, reopening observe given in case of assessee to possess next evaluation season into equivalent crushed/material is actually dropped to your ground out of changes regarding viewpoint and you may exact same is actually acknowledged from the revenue, pursuing the same view, impugned reopening has also been are set asid. [AY: 2007-2008]
S. 148 : Reassessment – Observe – Amalgamation regarding companies – Amalgamating business and you will amalgamated business operating regarding exact same address shortly after amalgamation – Supply from Part 170(2) applicable- Participated in the brand new reassessment process – Notice and you may reassessment procedures good [S
The fresh assessee got built a residential building and you may submitted a valuation statement during the time of the brand new evaluation, which was born recognized from the AO. Then, this new AO introduced the problem to some other valuation officer and you will gotten his declaration, the benefits depending on that was marginally greater than that said on the assessee’s valuation statement. Held you to except that depending on new valuation statement, there https://besthookupwebsites.org/nostringattached-review is certainly no separate applying of notice on the behalf of the fresh new AO which will validate the reassessment. (A.Y. 2003-04)
Brand new notice out of reassessment was not appropriate
Dismissing new petition the new Judge stored one a good writ petition up against a notice under section 148 wasn’t to get amused inside a normal styles. The new see could be confronted should your providing power didn’t come with jurisdiction or if it actually was awarded outside the ages of maximum. Whether your surface from restrict resided, the newest assessee you will increase for example thing before skilled expert and you may perhaps not until the court. (AY.2011-12)
S. 148 : Reassessment – Observe – Assessee keeps directly to raise objections – Responsibility away from Assessing Administrator to take on objections – Failure to adopt arguments – Amount remanded [S. 147, Artwork 226]
Enabling the fresh petition the brand new Courtroom held one to whilst Determining Officer had a chance on phase away from dealing with the arguments to ensure the assertion of your assessee, hence went along to the root of number, he neglected the difficulty taking a stance that informative offer will be checked during the time of reassessment process immediately after offering adequate possible opportunity to the new assessee. And the Assessing Manager didn’t come with point to suggest the assessee got made payment during the dollars to S and you may after that, gotten the same count straight back from the real-date terrible settlement setting. Count remanded so you’re able to Evaluating Administrator.(AY. 2015-16)
Dismissing the latest petition the Court kept that towards facts and you may affairs built, the fresh assessee needed to participate in the reassessment procedures less than part 147 of the submitting the documents and you may research to establish the circumstances. Immediately following merger with perception out of the organizations, HCLP and HCLC, have been running in the same premises. Subsequent, the newest receipt of your find approved from the Assistant Administrator had perhaps not started disputed by the assessee. Therefore, area 170(2) could be appropriate and sucsh floor couldn’t qualify to have the intention of quashing the entire procedures started significantly less than area 147. Actually with the deserves, this new Assistant Commissioner got centered there try “reasoning to think” in view away from certain the latest product based in the matter of purchased gadgets away from shared finance. This might not present one appropriate cause of the objective of assailing the new observe awarded less than area 148. (AY. 2005-06)
