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Search Results for "reopening of assessment"

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High Court

High Court of Karnataka Allows Appeal in Income Tax Case — Disallows Reopening of Assessment Beyond Four Years Without Failure to Disclose Material Facts. Section 147 of Income Tax Act, 1961 Requires Full and True Disclosure for Reopening After Four Years.

25 Jan 2016

The appellant, M/s. Safina Hotels Private Limited, filed its return of income for the assessment year 2001-02. The assessment was completed under Sect...

High Court

High Court of Karnataka Allows Revenue Appeals in KVAT Composition Tax Dispute — Limitation for Reopening Assessment Under Section 39(1) of KVAT Act, 2003 Is Four Years from End of Relevant Tax Period. Show-cause notice issued on 02/07/2010 for tax year ending 31/03/2007 is within limitation, not barred by delay.

5 Apr 2016

The case involves appeals by the Revenue (Assistant Commissioner of Commercial Taxes, Commissioner of Commercial Taxes, and State of Karnataka) agains...

High Court

Bombay High Court Dismisses Revenue's Appeal in Bogus Purchase Case, Upholds Estimation of Income at 12.5% on Disputed Purchases. The Court held that in the absence of specific evidence linking the assessee's transactions to bogus purchases, the entire expenditure cannot be added under Section 69C of the Income Tax Act, 1961.

7 Aug 2024

The case involves two appeals filed by the Revenue under the Income Tax Act, 1961, challenging a common order of the Income Tax Appellate Tribunal (IT...

High Court

Bombay High Court Quashes Reassessment Order for Lack of Proper Opportunity of Hearing and Non-Communication of Section 151 Approval in Income Tax Reopening Proceedings. The court held that the Assessing Officer failed to grant a personal hearing as directed by the earlier order of the High Court and did not communicate the approval under Section 151 of the Income Tax Act, 1961, rendering the reassessment invalid.

20 Dec 2024

The petitioner, Wavy Construction LLP, challenged an order dated 14 October 2021 rejecting its objections against reopening of assessment under Sectio...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Reopening Case — Notice Under Section 148 Held Invalid as No Reasons Recorded. Assessee's Return Accepted Under Section 143(1) Cannot Be Reopened Without Proper Justification Under Section 147 of the Income Tax Act, 1961.

18 Aug 2015

The case pertains to an appeal filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax) against the order of the Income...

High Court

Karnataka High Court Allows Assessee's Appeal in Income Tax Reopening and Agricultural Income Estimation Case. Reopening under Section 148 of Income Tax Act, 1961 held invalid for lack of tangible material, and Tribunal's reversal of CIT(A)'s agricultural income estimation set aside as perverse.

7 Aug 2015

The appellant, Shri S L Basavaraj (HUF), an assessee, filed appeals against a common order of the Income Tax Appellate Tribunal (ITAT) dated 30 Januar...

High Court

High Court Allows Appeal in Income Tax Reassessment Case Due to Lack of Fresh Material — Reopening Under Section 147/148 Invalid as No New Tangible Material Beyond Original Assessment. The court held that reopening based on survey conducted after original assessment under Section 143(1) without fresh material showing income escaping assessment is not permissible.

24 Aug 2015

The appellant-assessee, an individual, filed his return of income for the assessment year 2004-05 on 21.03.2005. The return was processed under Sectio...

High Court

High Court of Karnataka Dismisses Assessee's Appeal in Income Tax Reopening Case — Reopening Notice Under Section 148 Held Valid Despite Limitation Argument. The court upheld the Tribunal's order confirming the addition of Rs.4,97,046/- as unexplained investments under Section 69 of the Income Tax Act, 1961.

14 Aug 2015

The appellant, Mrs. Maina Shetty, filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate T...

High Court

Karnataka High Court Allows Appeal Against Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Due to Violation of Natural Justice. Non-furnishing of reasons and statement recorded from third party violates principles of natural justice, making writ petition maintainable despite alternative remedy.

14 Aug 2015

The appellant, M/s Kothari Metals, filed a writ petition challenging a notice under Section 148 of the Income Tax Act, 1961 for reopening assessment f...

High Court

Bombay High Court Quashes Reopening of Assessment Under Section 147 for Lack of Fresh Material — Reassessment Based on Same Facts as Original Assessment is Invalid. The Court held that the Assessing Officer cannot reopen an assessment on the same facts and material already considered during the original assessment under Section 143(3) of the Income Tax Act, 1961, as it amounts to a mere change of opinion.

10 Jun 2010

The Petitioner, Indian Oil Corporation Ltd., filed a writ petition challenging the reopening of its assessment for Assessment Year 2002-03 under Secti...

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