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2 results for “reassessment u/s 147”+ Section 143(1)clear

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Key Topics

Section 153A4Section 403Section 1322Search & Seizure2

PRINCIPAL COMMISSIONER OF INCOME TAX, JORHAT vs. M/S. SHYAMA POWER INDIA LTD.,

ITA/10/2019HC Gauhati01 Aug 2023

Bench: Honourable The Chief Justice Honourable Mrs. Justice Susmita Phukan Khaund Judgment Date : 02-08-2023 (S.P. Khaund, J) 1. Heard Mr. S. Chetia, Learned Senior Standing Counsel, Income Tax Department & Mr. G.N. Sahewalla, Learned Senior Counsel For The Respondent Assisted By Learned Counsel Mr. M. Sahewalla. 2. This Is An Appeal U/S 260A Of Income Tax Act, 1961 (The I.T. Act For Short) Against The Order Dated 14.11.2018 Passed By The Income Tax Appellate Tribunal ‘E’ Court

For Respondent: MR G N SAHEWALLA
Section 132Section 143Section 143(2)Section 153ASection 194CSection 2(22)(e)Section 260ASection 40

147 of the Act. Hence unless there is any incriminating material found during the course of such concluded year, the statute does not confer any power on the learned AO to disturb the findings even thereon and the income determined thereon as finality has already been reached thereon and such proceeding was not pending on the date of search

THE PRINCIPAL COMMISSIONER OF INCOME TAX AND ANR. vs. ROHIT KARAN JAIN

ITA/5/2023HC Gauhati12 Mar 2025

Bench: HONOURABLE THE CHIEF JUSTICE,HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

Section 131Section 132Section 132(4)Section 139(1)Section 153A

u/s 153A r.w.s. 143(3) on 31.12.2018 is an abated Page No.# 13/22 assessment.. 2. The Ld. CIT(A) was not justified in deleting the addition stating that in absence of any incriminating material the addition made by the AO in the impugned order is deleted while the original assessment in this case for Ay 2014-15 was abated