AO granted an excellent reopening find towards surface you to definitely assessee providers had paid a sum of great amount so you can it is handling director aside regarding administrators remuneration and you will exact same was to be disallowed under part 36(1)(ii). It actually was kept you to since the assessee had made sufficient disclosures while in the brand spanking new investigations and you will considering same their research try done and you may, after that, reopening observe granted in case there is assessee to own then testing seasons on the comparable surface/matter is dropped towards the soil off transform out of advice and exact same is actually approved by funds, following same examine, impugned reopening was also becoming set asid. [AY: 2007-2008]
S. 148 : Reassessment – See – Amalgamation off organizations – Amalgamating team and you will amalgamated organization operating regarding exact same target immediately following amalgamation – Supply regarding Area 170(2) applicable- Took part in the newest reassessment procedures – Observe and reassessment procedures legitimate [S
The fresh new assessee got built a residential building and recorded a beneficial valuation statement at the time of new review, hence came to be approved from the AO. Subsequently, brand new AO referred the issue to another valuation officer and you will acquired their report, the importance as per which connexion nedir was somewhat greater than one to stated regarding the assessee’s valuation statement. Kept you to definitely besides relying on the latest valuation declaration, there was zero independent application of brain on the behalf of the AO that’ll validate the newest reassessment. (Good.Y. 2003-04)
This new observe from reassessment was not legitimate
Dismissing the fresh new petition the Courtroom held that an effective writ petition up against a notification lower than area 148 wasn’t is amused within the a regular styles. The latest observe is confronted if for example the giving power had no jurisdiction or if it had been provided outside the ages of limit. In case your soil off maximum existed, the assessee could improve eg thing until the competent expert and you will perhaps not before judge. (AY.2011-12)
S. 148 : Reassessment – Notice – Assessee has actually right to raise arguments – Responsibility of Determining Officer to adopt arguments – Incapacity to consider arguments – Amount remanded [S. 147, Artwork 226]
Enabling the brand new petition the new Legal kept one although the Examining Officer got a chance within stage of writing about the arguments to ensure the fresh contention of your own assessee, and that went along to the underlying of your count, the guy overlooked the issue providing a posture that factual proposition will be examined during the time of reassessment procedures immediately after providing enough chance to the brand new assessee. And the Assessing Officer had no issue to point that assessee had produced fee for the dollars so you’re able to S and you will afterwards, received a similar count straight back through the genuine-big date terrible payment function. Number remanded to Examining Administrator.(AY. 2015-16)
Dismissing the latest petition new Court stored you to into items and you will issues founded, the brand new assessee was required to be involved in the newest reassessment legal proceeding not as much as point 147 because of the distribution their records and you will proof to ascertain the case. After merger with feeling off both the practices, HCLP and you can HCLC, had been running in identical site. Subsequent, brand new bill of the see issued of the Secretary Administrator had perhaps not been debated from the assessee. Hence, area 170(2) would-be applicable and you will sucsh crushed couldn’t meet the requirements getting the goal of quashing the whole proceedings initiated less than point 147. Actually into deserves, the Secretary Administrator had dependent that there try “cause to think” because from specific the latest product found in the matter of bought tools out of shared money. This might not establish people acceptable factor in the objective of assailing the fresh new find granted less than area 148. (AY. 2005-06)