AO issued a reopening observe to your floor one to assessee team had paid back an amount of great deal so you can it’s dealing with manager aside of administrators remuneration and you may exact same was to end up being disallowed below point 36(1)(ii). It had been kept one because the assessee had made sufficient disclosures throughout the original evaluation and you will centered on same its review is finished and you may, after that, reopening see approved in the eventuality of assessee having next research season on the similar floor/question are decrease to the floor regarding transform regarding advice and same is actually accepted by the revenue, following exact same consider, impugned reopening was also to-be place asid. [AY: 2007-2008]
S. 148 : Reassessment – Find – Amalgamation off enterprises – Amalgamating company and you can amalgamated providers operating off exact same target immediately following amalgamation – Provision away from Area 170(2) applicable- Took part in new reassessment procedures – Observe and you will reassessment legal proceeding valid [S
The new assessee got created a residential strengthening and you will recorded good valuation declaration during the time of brand new assessment, which was given birth to accepted of the AO. Next, new AO introduced the issue to another valuation officer and you can acquired their report, the value according to that has been marginally more than that stated regarding the assessee’s valuation report. Held you to definitely except that counting on the fresh new valuation declaration, there is no independent applying of brain on behalf of the AO which could validate new reassessment. (An effective.Y. 2003-04)
The latest see out-of reassessment wasn’t appropriate
Dismissing new petition the newest Legal held one to a beneficial writ petition facing an alerts less than point 148 was not to get entertained for the a regular manner. The fresh new see will be confronted if your providing authority didn’t come with legislation or if perhaps it actually was awarded beyond the chronilogical age upforit profiles of limitation. When your soil away from restriction resided, new assessee you can expect to boost such matter through to the competent power and you can not before the court. (AY.2011-12)
S. 148 : Reassessment – Observe – Assessee enjoys right to raise arguments – Obligations of Assessing Administrator to adopt objections – Incapacity to take on arguments – Count remanded [S. 147, Ways 226]
Allowing the latest petition the newest Judge held one to whilst the Determining Administrator had an opportunity within stage from making reference to new objections to verify new contention of your assessee, which went along to the root of matter, the guy overlooked the challenge getting a stance that the factual offer was tested during reassessment process immediately after giving sufficient opportunity to this new assessee. Therefore the Examining Officer had no point to point the assessee got made commission from inside the cash to S and afterwards, acquired an identical amount back through the genuine-big date disgusting payment mode. Amount remanded so you can Determining Administrator.(AY. 2015-16)
Dismissing the fresh petition this new Courtroom held one to towards the things and you can factors situated, the fresh new assessee had to be involved in the reassessment process lower than section 147 by the submitting its data and evidence to establish the situation. Immediately following merger that have feeling out of the offices, HCLP and you will HCLC, was running in identical premise. Further, new bill of the observe issued because of the Secretary Commissioner had maybe not become disputed of the assessee. For this reason, area 170(2) would-be applicable and you will sucsh soil couldn’t qualify getting the purpose of quashing the complete process initiated not as much as section 147. Actually to your merits, the newest Assistant Commissioner had oriented that there are “reasoning to trust” because away from particular the product based in the matter of ordered units of common financing. This might perhaps not expose people appropriate cause for the intention of assailing this new observe granted around point 148. (AY. 2005-06)