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1 - 10 of 40 (0.32 seconds)Section 148 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 132 in The Income Tax Act, 1961 [Entire Act]
Section 139 in The Income Tax Act, 1961 [Entire Act]
Commnr. Of Income Tax, Delhi vs M/S. Kelvinator Of India Ltd on 18 January, 2010
In Fis Global Business Solutions India Pvt. Ltd. v. Principal
Commissioner of Income Tax-3 [(2018) 409 ITR 560], a Division Bench
of Delhi High Court, after taking note of the above quoted judgment of the
Hon'ble Apex Court in Commissioner of Income Tax v. Kelvinator of India
Ltd. [320 ITR 561] wherein it was held that review of the completed
scrutiny can be done only if tangible material is made available to the
Revenue and on the facts of the case found that reassessment notice is solely
based on an audit opinion and accordingly, allowed the appeal filed by the
assessee.
Vodafone Idea Ltd(Earlier Known As ... vs Assistant Commissioner Of Income Tax ... on 29 April, 2020
19. The decision in Adani Infrastructure & Developers (P.) Ltd. v.
Assistant Commissioner of Income Tax [(2019) 101 taxmann.com 256
(Gujarat)] relied on by the learned counsel appearing for the
respondent/assessee, it was held that re-opening of the assessment merely
upon audit objection and was not based upon the satisfaction of the
Assessing Officer is unsustainable.
The Commissioner Of Income Tax-I vs M/S. Elgi Finance Limited on 7 December, 2021
In this case the
reassessment proceedings were initiated after March 31, 1995,
and hence the proceedings initiated by issue of notice under
section 148 is ab initio barred by limitation. In this case, the
initiation of proceedings is after a period of four years and the
finding given by the Tribunal is that no income has escaped
assessment by reason of failure on the part of the assessee.
Hence, there is no jurisdiction to reopen the assessment under
the proviso of section 147 of the Act. The scope of the said
provision has been considered by this court in the case of CIT
v. Elgi Finance Ltd., [2006] 286 ITR 674, and the same reads
as follows (page 678):
Commissioner Of Income-Tax And Anr. vs Foramer France (Through Constituted ... on 16 January, 2003
29. The Hon'ble Apex Court, in the decision in Commissioner of
Income Tax and Another v. Foramer France [2003 Vol.264 ITR 566],
while dismissing the appeal filed by the Revenue and thereby confirming
the judgment of the Allahabad High Court, recorded reasons as to the non-
failure on the part of the assessee to disclose fully and truly all material facts
for assessment and further found that notices were bad as they were only on
http://www.judis.nic.in
37
TCA.Nos.66 & 67 of 2018
the basis of a change of opinion and the law that an assessment could not be
reopened on a change of opinion was the same before and after amendment
by the Direct Tax Laws (Amendment) Act, 19867 of Section 147.