“Section 248(5)”
The decision most relied on for Section 248(5) is CIT v. Visakhapatnam Port Trust (144 ITR 146), cited in 124 judgments on BharatTax.
Leading authorities on Section 248(5)
Sections 4 and 5 of the Income Tax Act, which define total income and chargeability, are subject to Section 90, meaning that Double Taxation Avoidance Agreements (DTAAs) override the Act's provisions in case of a conflict.
The principle of 'sufficient cause' for condoning a delay in filing an appeal should be construed liberally, particularly when the assessee would not have gained from the delay or when the delay arose from reasonable grounds like wrong professional advice.
Reassessment proceedings can be initiated based on an audit party's information pointing out the existence of a law, provided the statutory conditions for reassessment are met. The sufficiency or correctness of the material is not a factor at the stage of reopening.