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1 - 10 of 13 (1.34 seconds)Commissioner Of Income Tax-Ii vs Mohmed Juned on 29 January, 2013
Ltd [2018] 99 taxmann.com 312 (SC) and jurisdictional High Court in the
case of CIT v. Mohmed Juned Dadani [2013] 30 taxmann.com 1
(Gujarat), Ld. Assessing Officer is precluded from making the afore-said
I.T.A No. 1732/Ahd/2019 A.Y. 2010-11 Page No. 9
Indian Redcross Society vs. ITO (Exemption)
additions made in reassessment proceedings. In our view, once having
accepted the assessee's version regarding cash deposit of Rs. 89,60,505/-,
wherein Ld. Assessing Officer did not make any addition on that count in
reassessment proceedings (in fact, this aspect of cash deposit of Rs.
89,60,505/- does not even find mention in the entire reassessment order), the
additions made by Ld. Assessing Officer on other grounds not finding part
of reasons for reopening assessment, are liable to be set-aside. Having held
that additions made during reassessment proceedings deserve to be set aside
on grounds of jurisdiction, we are not going into the individual grounds with
respect to merits of the case.
Section 10 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Principal Commissioner Of Income Tax 1 vs M/S Lark Chemicals P. Ltd. Through ... on 5 October, 2018
In our considered view, in the light of Hon'ble
Supreme Court's decision in the case of Pr. CIT v Lark Chemicals (P.)
Commissioner Of Income Tax-5 vs Jet Airways (I) Ltd. on 12 January, 2015
In the case of CIT v. Jet Airways (I) Ltd. [2010]
195 Taxman 117 (Bombay), the Bombay High Court held that if after
issuing notice under section 148, Ld. Assessing Officer accepts contention
of assessee and holds that income, for which he had initially formed a reason
to believe that it had escaped assessment, has, as a matter of fact, not
escaped assessment, it is not open to him to independently assess some other
income; if he intends to do so, a fresh notice under section 148 would be
necessary, legality of which would be tested in event of a challenge by
assessee.
Section 250 in The Income Tax Act, 1961 [Entire Act]
Mount Everest Breweries Ltd., Indore vs Acit (Central)-1, Indore on 20 January, 2022
Again in ACIT v. Everest Education
Society [2021] 126 taxmann.com 78 (Pune - Trib.), ITAT held that where
reasons recorded and notice issued under section 147/148 was with respect
to underutilization of income of assessee trust for which there had been no
addition made, but Assessing Officer made addition on account of
'anonymous donation' under section 115BBC, Assessing Officer having
acted beyond his jurisdiction, and therefore Commissioner (Appeals) had
rightly directed Assessing Officer to delete addition so made.