AO granted a good reopening find with the soil you to assessee organization had paid off an amount of massive amount so you tinychat can it is dealing with manager aside from administrators remuneration and you may exact same was to end up being disallowed around part 36(1)(ii). It was kept that because assessee got produced enough disclosures through the new investigations and you will considering same its investigations is actually finished and you may, next, reopening see given if there is assessee to own subsequent comparison year towards equivalent surface/topic are dropped on the crushed of alter from thoughts and exact same is actually recognized by the revenue, pursuing the same view, impugned reopening has also been to-be put asid. [AY: 2007-2008]

S. 148 : Reassessment – Notice – Amalgamation off businesses – Amalgamating organization and you will amalgamated company operating of exact same address immediately following amalgamation – Provision regarding Point 170(2) applicable- Took part in the fresh reassessment proceedings – Find and you may reassessment proceedings valid [S

New assessee got created a residential building and registered good valuation report in the course of the latest review, which was born accepted of the AO. Next, the brand new AO known the condition to some other valuation administrator and you will received their declaration, the importance depending on which was somewhat greater than you to mentioned from the assessee’s valuation statement. Held one to apart from relying on the fresh valuation report, there was zero independent application of head for new AO that’ll validate the fresh reassessment. (An effective.Y. 2003-04)

The fresh new see away from reassessment wasn’t legitimate

Dismissing this new petition the new Judge held one a writ petition against an alerts under section 148 was not to get entertained inside an everyday trends. Brand new notice might be confronted if your giving expert didn’t come with jurisdiction or if it absolutely was provided outside the age restrict. Whether your floor off maximum existed, new assessee you certainly will boost like topic till the competent authority and you may maybe not till the court. (AY.2011-12)

S. 148 : Reassessment – Notice – Assessee has actually straight to boost arguments – Responsibility from Assessing Manager to look at objections – Failure to look at objections – Count remanded [S. 147, Artwork 226]

Making it possible for brand new petition brand new Judge stored that as the Evaluating Officer had an opportunity from the stage away from referring to the fresh objections to verify the fresh new assertion of one’s assessee, which visited the root of one’s amount, the guy neglected the issue taking a posture your informative proposition is tested in the course of reassessment proceedings shortly after giving sufficient opportunity to the fresh assessee. And the Determining Officer had no topic to indicate that the assessee had made payment in bucks to help you S and you may thereafter, gotten a comparable count straight back from the real-time terrible payment setting. Amount remanded in order to Evaluating Administrator.(AY. 2015-16)

Dismissing new petition the fresh new Legal kept that to your issues and you will factors oriented, brand new assessee had to take part in the latest reassessment proceedings significantly less than point 147 of the submission the data files and you can research to ascertain its case. Just after merger which have impression out-of both the practices, HCLP and you may HCLC, was in fact powering in the same properties. Next, this new receipt of find given because of the Secretary Administrator got not become debated from the assessee. Ergo, part 170(2) is relevant and you may sucsh soil cannot qualify to own the reason for quashing the complete legal proceeding initiated below part 147. Actually into deserves, this new Assistant Administrator had oriented there was “reasoning to think” because from particular the brand new content found in the question of purchased gadgets from mutual funds. This may maybe not expose one acceptable cause of the goal of assailing the find provided lower than point 148. (AY. 2005-06)