12 August 2024


Search Results for Tag : assessing officer

News

ITAT, Mumbai: Order of Assessment without Reasons, Not Erroneous or Prejudicial to Interest of Revenu(04.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that action of the Assessing Officer to accept the explanation submitted by the Assessee during scr.....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Assessee

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Delhi HC: AO & PCIT Failed to Consider Balance of Convenience And Irreparable Injury(19.05.2022)

Delhi High Court has held that neither the Assessing Officer (AO) nor the Principal Commissioners of Income Tax (PCIT) have considered the three basic.....

Tags : Delhi High Court, Assessing Officer, Principal Commissioners of Income Tax, prima facie, balance of convenience, irreparable injury

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Del. HC: Can’t Reopen Assessment if Mistake Made on Part of AO Results in Under Assessment of Income(12.11.2024)

Delhi High Court has held that if there is a mistake on the part of the Assessing Officer that resulted in under assessment of the income, it cannot b.....

Tags : Delhi High Court, Assessing Officer, Assessment of Income

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SC: Appeal Against ITAT Order Lies before HC in Whose Jurisdiction AO Situates(29.08.2022)

Supreme Court has held that appeals against Income Tax Appellate Tribunal (ITAT) order lies before the High Court in whose jurisdiction the Assessing .....

Tags : Supreme Court, Jurisdiction, Assessing Officer

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Gauhati HC: Assessing Officer and Inspecting Person Need Not Be Similar Person Under Electricity Act(21.04.2022)

Gauhati High Court has observed that Section 126 of the Electricity Act, 2003 empowers the Assessing Officer as chosen to carry out the provisional as.....

Tags : Gauhati High Court, Section 126 of the Electricity Act, 2003, Assessing Officer

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Delhi High Court Quashes Reassessment Proceedings As Initiated Without Jurisdiction(20.05.2022)

Delhi High Court while quashing the re-assessment proceedings initiated by Income Tax Officer, Jaipur (ITO) has held that since the petitioner jurisdi.....

Tags : Delhi High Court, Income-Tax, Reassessment Proceedings, Assessing Officer

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SC: Disclosure Made to Settlement Commission Needn't be Something that Wasn’t Discovered by AO(27.09.2023)

Supreme Court has held that Section 245C r/w Section 245H of Income-Tax Act only contemplates full and true disclosure of income to be made before Set.....

Tags : Supreme Court, Settlement Commission, Disclosures, Assessing Officer

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Delhi HC: ‘Change of Opinion’ Cannot be Alleged If AO Finds Fresh Material to Reopen Assessment(02.06.2022)

Delhi High Court has held that change of opinion cannot be alleged if there is fresh tangible material with the Assessing Officer (AO).

Tags : Delhi High Court, Tangible Material, Assessing Officer

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ITAT: Reasonableness of Expenses to be Judged from Angle of Businessman Rather Than from Angle of AO(17.06.2022)

Income Tax Appellate Tribunal (ITAT) Delhi bench, has held that reasonableness of expenses to be judged from the angle of the businessman rather than .....

Tags : ITAT, Assessing Officer, Businessman

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Notifications & Circulars

Additional or Joint Commissioners of IT to performs functions of Assessing Officers under Black Money Tax Act, 2015(24.08.2015)

The Central Board of Direct Taxes notified that Additional or Joint Commissioners of Income-tax will exercise the powers and perform the functions of .....

Tags : Black money, tax, assessing officer

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Disallowance Under Rule 8D Cannot be Made Merely on Ground of ‘Change of Opinion’: Delhi HC(06.11.2017)

Delhi High Court has quashed reassessment order of the revenue by holding that Assessing Officer cannot disallow any claim made by the assessee by inv.....

Tags : Delhi High Court, Assessing Officer

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Ker. HC: AO Can’t Reopen Assessment in Block Period of 6 Years if Absence of Incriminating Materials(24.06.2024)

Kerala High Court has held that in case of absence of incriminating materials, the Assessing Officer (AO) cannot reopen the assessment in a block peri.....

Tags : Kerala High Court, Incriminating Materials, Assessing Officer

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Bombay HC Slams Assessing Officer For Holding Back Company’s Refund(21.10.2016)

Bombay HC has slammed an I-T Assessing Officer for holding back refunds without sufficient reasons of Group M India, world's largest Media Investment .....

Tags : Bombay HC, Income Tax, Assessing Officer, Group M India

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ITAT, Delhi: AO Cannot Apply Wrong Method to Determine Profit in Absence of Audited Financials(06.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....

Tags : Income Tax Appellate Tribunal, Assessing Officer, audited financials

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Authorization of the Assessing Officer for a specified jurisdiction to exercise all or any of the powers conferred on for the purpose of Chapter VIII of Finance Act, 2016(20.03.2020)

In exercise of the powers conferred by clause(b) of section 164 and section 178 of the Finance Act, 2016 (28 of 2016) read with sub-sections(1) and (2.....

Tags : Authorization, Assessing Officer, Jurisdiction

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AO has Power to Extend Time Limit for Filing Auditor’s Report: Supreme Court(05.04.2019)

Supreme Court has held that Assessing Officer who prescribes time limit for filing auditor’s report under Section 142(2A) of the Income Tax Act is als.....

Tags : Supreme Court, Assessing Officer, Auditor's Report

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Bom. HC: Recourse of Reopening Assessment to Remedy Error Occurred By AO Cannot be Allowed to Him(09.02.2024)

Bombay High Court has held that the Assessing Officer (AO) cannot be allowed to take recourse of re-opening the assessment to remedy the error resulti.....

Tags : Bombay High Court, Assessment Proceeding, Assessing Officer

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ITAT, Mumbai: IT Law Doesn't Bar Assessing Officer to go Beyond Reasons Where Re-Assessment Initiated(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that there is no bar under the law that the Assessing Officer is entitled to confine assessment on .....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Income Tax Act, 1961, sections 147, sections 148

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ITAT: Limited Scrutiny can be Converted to Complete Scrutiny with Approval of PCIT Only(26.05.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that the AO can convert the Limited Scrutiny to Complete Scrutiny on certain requiremen.....

Tags : ITAT, Assessing Officer, PCIT

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Delhi HC Directs Revenue to Grant Immunity Under Section 270AA(26.04.2022)

Delhi High Court has observed that the assessee cannot be prejudiced by the inaction of the Assessing Officer, directing the revenue to grant immunity.....

Tags : Delhi High Court, Section 270AA of the Income Tax Act, 1961, Assessing Officer

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All HC: AO Must Consider Form 10 u/s 17 Supplied After Limitation But Before Assessment is Completed(08.12.2023)

Allahabad High Court has held that in a case, where Form-10 under Rule 7 of Income-Tax Rules is filed late but is filed before the Assessing Officer (.....

Tags : Allahabad High Court, Assessing Officer, Form-10, Limitation

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Chhattisgarh HC: Assessing Officer Failed to Record Reason for Issue of Notice u/s 148(07.04.2022)

Chhattisgarh High Court has quashed a notice on grounds that the Assessing Officer had failed to record the reason for issue of notice under section 1.....

Tags : Chhattisgarh High Court, section 148 of the Income Tax Act, 1961, Assessing Officer

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Delhi HC: Reassessment Notice Based on Error Resulting from Oversight of AO is Not Valid(10.11.2022)

Delhi High Court has held that the re-assessment notice based on an error resulting from the oversight of the assessing officer (AO) is not valid.

Tags : Delhi High Court, Assessing Officer, Valid

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SC: Return Filed Without Regular Books of Account May be Defective but Not Invalid(25.01.2024)

Supreme Court has held that tax return filed without regular books of account by assessee is defective but not invalid and the burden to inform the as.....

Tags : Supreme Court, Tax Return, Books of Account, Assessing Officer

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Karnataka HC: Mere Reason to Believe Cannot Be Ground of Assessment Under Section 147 of IT Act(16.02.2024)

Karnataka High Court held that Assessing Officer has to be satisfied that that there is escapement of income and unlike earlier the mere reason to bel.....

Tags : Karnataka High Court, Assessing Officer, S. 147 of IT Act

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ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....

Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India

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ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....

Tags : ITAT, Assessing Officer, Income-Tax Act

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ITAT: Re-Assessment on Wrong Assumption And Information From Another Assessing Officer Invalid(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that the reopening of assessment based on wrong assumption and information received from anothe.....

Tags : Income Tax Appellate Tribunal, assessing officer

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ITAT: CIT (A) required to Examine Documentary Evidences filed before Confirming Findings of AO(21.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that Commissioner of Income-tax (Appeals) [CIT (A)] is required to examine documentary e.....

Tags : ITAT, CIT(A), Assessing Officer

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SC: CIT can Revise Erroneous Order by Assessing Officer Causing Prejudice to Revenue(10.04.2023)

Supreme Court has held that Commissioner of Income Tax (CIT) can while exercising his power of revision under Section 263 of Income-Tax Act, 1961, rev.....

Tags : Supreme Court, Income-Tax, CIT, Assessing Officer

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ITAT, Ahmedabad: Assessing Officer Cannot Interfere With Business Decisions of Assessee(20.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that the Assessing Officer cannot interfere with the business decisions of the assessee.

Tags : Income Tax Appellate Tribunal, Assessing Officer, assessee

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Delhi HC: AO & PCIT Failed to Consider Balance of Convenience And Irreparable Injury(19.05.2022)

Delhi High Court has held that neither the Assessing Officer (AO) nor the Principal Commissioners of Income Tax (PCIT) have considered the three basic.....

Tags : Delhi High Court, Assessing Officer, Principal Commissioners of Income Tax, prima facie, balance of convenience, irreparable injury

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Jharkhand HC: Interest Liability Can't Be Raised Under GST Without Initiating Adjudication Process(30.03.2022)

Jharkhand High Court has observed that if an assessee disputes the liability of interest, either its calculation or the leviability, then the only alt.....

Tags : Jharkhand High Court, Assessing Officer, GST, Assessee, liability of interest

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ITAT, Kolkata: No Revision U/S 263 IT Act When AO Has Made Sufficient Enquiry(17.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that no revision under Section 263 of the Income Tax Act, 1961 when Assessing Officer has made suffic.....

Tags : Income Tax Appellate Tribunal, Section 263, Assessing Officer

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Del. HC: TDS Credit to be Granted by AO in Compliance of Directions by ITAT(23.08.2024)

Delhi High Court has held that TDS Credit is ought to be granted by Assessing Officer (AO) in compliance with directions passed by Income Tax Appellat.....

Tags : Delhi High Court, TDS Credit, Assessing Officer

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Rules for Assessing Officers Tightened by CBDT(18.07.2016)

CBDT has made it more difficult for Assessing Officers to expand the scope of a limited scrutiny to a complete one. The guidelines issued by the autho.....

Tags : CBDT, Assessing Officer, Guidlelines

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ITAT, Delhi: Assessing Officer Cannot Apply Wrong Method in Lack of Audited Financials of AE(04.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....

Tags : Income Tax Appellate Tribunal, associated enterprises, Assessing Officer

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