AO issued an effective reopening observe toward floor one assessee providers got paid back an amount of great amount to it’s controlling director aside out-of directors remuneration and you can exact same would be to become disallowed less than area 36(1)(ii). It had been kept you to while the assessee got produced enough disclosures through the fresh investigations and you will centered on exact same their research try completed and you may, then, reopening see issued if there is assessee having next research seasons towards similar floor/situation try decrease on crushed away from changes of advice and you may exact same was acknowledged by funds, following the same consider, impugned reopening has also been to-be place asid. [AY: 2007-2008]
S. 148 : Reassessment – See – Amalgamation out of people – Amalgamating organization and you will amalgamated organization doing work out-of same address after amalgamation – Provision off Point 170(2) applicable- Participated in brand new reassessment process – Notice and you can reassessment legal proceeding valid [S
The latest assessee had developed a residential strengthening and you can filed a good valuation report during the testing, which was created recognized because of the AO. Then, the AO called the matter to a different valuation officer and you may acquired his statement, the benefits according to which was somewhat higher than one to mentioned regarding assessee’s valuation report. Kept you to definitely other than counting on the fresh new valuation statement, there clearly was no independent application of attention with respect to this new AO which will validate this new reassessment. (An excellent.Y. 2003-04)
The fresh find of reassessment was not legitimate
Dismissing brand new petition brand new Judge kept one a beneficial writ petition up against an alerts under point 148 was not getting amused within the a regular manner. The newest see could be confronted if the giving expert didn’t come with jurisdiction or if perhaps it absolutely was issued not in the chronilogical age of maximum. If your ground off limitation lived, new assessee you may improve eg matter before the competent power and you may not through to the courtroom. (AY.2011-12)
S. 148 : Reassessment – Observe – Assessee has right to increase arguments – Duty from Examining Manager to take on arguments – https://besthookupwebsites.org/tr/amateurmatch-inceleme/ Incapacity to consider objections – Number remanded [S. 147, Art 226]
Enabling new petition the fresh Legal held you to whilst the Assessing Officer got the opportunity at stage regarding speaking about brand new objections to confirm the newest contention of your assessee, and this visited the root of one’s amount, the guy neglected the issue taking a position that factual offer would-be looked at in the course of reassessment legal proceeding once providing adequate opportunity to the latest assessee. And the Determining Officer had no situation to indicate your assessee got made commission into the cash to help you S and you will afterwards, acquired a similar count right back from real-date gross settlement form. Amount remanded in order to Assessing Officer.(AY. 2015-16)
Dismissing the latest petition new Legal kept that on the affairs and you may situations founded, new assessee needed to participate in the newest reassessment legal proceeding below point 147 because of the entry its records and you may proof to establish their instance. Immediately following merger that have feeling away from the workplaces, HCLP and HCLC, was basically running in the same properties. After that, this new receipt of find given by the Assistant Commissioner had maybe not already been debated by assessee. Thus, area 170(2) would-be appropriate and sucsh soil cannot be considered to own the objective of quashing the complete proceedings initiated under section 147. Actually towards merits, the brand new Assistant Commissioner got founded that there is “cause to believe” in view out-of specific brand new product based in the question of purchased products out-of common funds. This may not introduce one appropriate cause of the intention of assailing the new observe approved significantly less than part 148. (AY. 2005-06)