AO provided a great reopening see into the surface you to definitely assessee team had paid an amount of large amount to it’s handling manager aside away from directors remuneration and you can exact same was to feel disallowed around section 36(1)(ii). It absolutely was stored you to definitely given that assessee had produced enough disclosures during the brand new testing and you may centered on same the evaluation is accomplished and you can, next, reopening observe awarded in case there is assessee getting next analysis year to your comparable ground/situation are dropped into the crushed regarding change out-of opinion and you will same try accepted because of the cash, following the exact same consider, impugned reopening has also been to-be lay asid. [AY: 2007-2008]
S. 148 : Reassessment – See – Amalgamation out of people – Amalgamating business and you may amalgamated business functioning from exact same target immediately after amalgamation – Supply out-of Area 170(2) applicable- Took part in new reassessment legal proceeding – Notice and you can reassessment proceedings valid [S
The latest assessee got constructed a residential building and you can submitted a good valuation declaration at the time of new research, and that was born approved of the AO. Then, the latest AO known the matter to some other valuation manager and you will received their statement, the benefits according to that was marginally higher than one to mentioned about assessee’s valuation report. Kept that other than counting on the newest valuation statement, there is no separate application of brain on the part of the newest AO that could validate the brand new reassessment. (Good.Y. 2003-04)
The latest observe of reassessment wasn’t legitimate
Dismissing the brand new petition the latest Court kept that an effective writ petition up against a notification lower than area 148 wasn’t becoming amused when you look at the a regular manner. The newest see could be confronted in case the giving power had no legislation or if it had been given outside of the ages of limitation. In the event your floor regarding restriction resided, the newest assessee you will boost for example topic before skilled expert 
and you may not up until the legal. (AY.2011-12)
S. 148 : Reassessment – Notice – Assessee have straight to increase arguments – Responsibility off Determining Officer to look at arguments – Incapacity to consider arguments – Count remanded [S. 147, Artwork 226]
Enabling the latest petition the fresh new Judge kept one to although the Assessing Administrator had chances from the phase away from making reference to the latest objections to verify the new assertion of the assessee, hence went along to the root of one’s amount, the guy overlooked the situation getting a posture the informative offer was checked out during reassessment legal proceeding shortly after offering adequate opportunity to the newest assessee. While the Assessing Administrator didn’t come with issue to suggest your assessee got made payment inside the cash so you can S and after that, gotten an identical matter right back from genuine-go out terrible payment function. Amount remanded to help you Determining Manager.(AY. 2015-16)
Dismissing the latest petition the fresh Courtroom stored one to the situations and points depending, this new assessee was required to take part in new reassessment procedures lower than point 147 by the entry its files and you may evidence to establish their instance. After merger with effect from both practices, HCLP and HCLC, were running in the same properties. Then, the latest bill of see issued by the Assistant Commissioner had maybe not been debated from the assessee. Ergo, area 170(2) would-be relevant and you can sucsh ground couldn’t qualify for the reason for quashing the entire procedures initiated less than area 147. Actually to your deserves, the new Secretary Commissioner got depending that there are “need to believe” because from specific the fresh materials based in the matter-of purchased devices out of common financing. This might maybe not present any appropriate factor in the intention of assailing new find given not as much as point 148. (AY. 2005-06)