AO provided a great reopening observe into surface one to assessee business had reduced a sum of great deal so you can it is handling director apart from administrators remuneration and exact same would be to be disallowed significantly less than area 36(1)(ii). It had been stored one just like the assessee got produced adequate disclosures during the new analysis and you may centered on exact same their investigations is done and you may, subsequent, reopening see granted in the event of assessee getting further analysis season to the equivalent crushed/situation are decrease on the crushed away from change off viewpoint and you will same are recognized of the cash, following the same take a look at, impugned reopening has also been as set asid. [AY: 2007-2008]
S. 148 : Reassessment – Observe – Amalgamation away from enterprises – Amalgamating team and you will amalgamated company functioning regarding exact same address just after amalgamation – Supply regarding Part 170(2) applicable- Participated in brand new reassessment procedures – Observe and you will reassessment procedures legitimate [S
The latest assessee had built a domestic strengthening and you will registered an effective valuation declaration during the time of the fresh new testing, which was born recognized by AO. After that, brand new AO referred the problem to some other valuation officer and you can received their declaration, the significance depending on which was somewhat higher than you to definitely stated on assessee’s valuation statement. Kept one except that depending on new valuation statement, there clearly was no independent applying of mind for the fresh new AO that’ll justify brand new reassessment. (A.Y. 2003-04)
The brand new see away from reassessment was not valid
Dismissing the new petition new Legal held one to good writ petition against a notice lower than section 148 was not to be entertained in the a typical manner. The fresh new notice would-be challenged whether your issuing power had no legislation or if perhaps it actually was issued outside of the age of limit. In case your crushed from restriction lived, new assessee could improve including issue before the competent power and perhaps not up until the court. (AY.2011-12)
S. 148 : Reassessment – See – Assessee features to boost objections – Responsibility from Assessing Officer to take on arguments – Failure to look at arguments – Number remanded [S. 147, Art 226]
Enabling the fresh new petition afroromance hesap silme the Legal stored one to whilst the Examining Manager got a chance from the phase out-of dealing with the latest objections to ensure this new assertion of one’s assessee, hence went along to the underlying of matter, he forgotten the difficulty providing a position that factual suggestion might be examined during reassessment proceedings once offering sufficient opportunity to this new assessee. In addition to Assessing Officer didn’t come with point to suggest the assessee got generated commission inside the cash to S and you may afterwards, received an equivalent count back from actual-big date terrible settlement form. Count remanded in order to Determining Administrator.(AY. 2015-16)
Dismissing the newest petition new Courtroom kept you to definitely on things and you can affairs depending, the brand new assessee needed to take part in the reassessment legal proceeding less than part 147 from the submitting the files and you may facts to ascertain its circumstances. Immediately following merger which have impact out-of the organizations, HCLP and you will HCLC, have been running in the same premises. After that, the new bill of your own find given by Assistant Commissioner had not already been disputed by the assessee. For this reason, section 170(2) will be appropriate and you will sucsh ground couldn’t be considered for the reason for quashing the whole legal proceeding started around area 147. Even towards the deserves, brand new Secretary Administrator had mainly based that there is actually “need to trust” in view out-of certain new information based in the matter-of bought units from common finance. This could maybe not expose people appropriate reason for the goal of assailing the fresh new find given under area 148. (AY. 2005-06)