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1 - 10 of 15 (0.28 seconds)The Code of Civil Procedure, 1908
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 282 in The Income Tax Act, 1961 [Entire Act]
Acit - 19 (3), Mumbai vs S.Sagar Enterprises, Mumbai on 30 August, 2021
In case of Sagar Enterprises vs ACIT (supra), the Hon'ble Gujarat High Court,
while dealing with an identical issue of reopening of assessment on erroneous
assumption of non filing of return of income has held the reopening of
assessment as invalid, since, the fact of non filing of return had heavily weighed
with the assessing officer for forming belief regarding escapement of income.
Mumtaz Haji Mohmad Memon vs Income Tax Officer, Ward 6(1)(1) on 21 March, 2018
The
same view has been reiterated by the Hon'ble Gujarat High Court in case of
Mumtaz Haji Mohmad Memon vs ITO (supra). No contrary decision has been
brought to our notice by the revenue. Thus, respectfully following the aforesaid
judicial precedents, we hold that due to erroneous assumption of facts while
forming belief for reopening of assessment, the proceeding has been vitiated.
Consequently, the assessment order passed under section 143(3) r.w.s. 147 of the
Act has been rendered invalid.
Section 292BB in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Pr. Commissioner Of Income Tax -18 vs Silver Line on 4 November, 2015
5. CIT vs Silver Line 383 ITR 455 (Del) - Section 292BB would have no
application & cannot cure jurisdictional defect.