ASSISTANT COMMISSIONER OF INCOME TAX vs. SHELF DRILLING RON TAPPMEYER LIMITED

The appeals are allowed

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by the Finance Act, 2016 (28 of 2016). Explanation 1.—For the purposes of this section, in computing the period of limitation— (i) the time taken in reopening

COMMR.OF INCOME TAX,CHENNAI vs. M/S ALAGENDRAN FINANCE LTD

reopening or reconsidering the whole assessment or permitting the assessee to reagitate questions which had been decided in the original assessment proceedings. It is only the under- assessment which is set aside and not the entire assessment when reassessment

K.M. SHARMA vs. INCOME TAX OFFICER, WARD 13(7),NEW DELHI

The appeal is allowed

reopening assessments, which have attained finality on expiry of prescribed period of limitation. Sub-section (2) in putting such embargo refers to whole of sub-section (1) meaning thereby to insulate all assessments, which have become final and may have been found liable to reassessments

INCOME TAX OFFICER vs. VIKRAM SUJITKUMAR BHATIA

Bench: HON'BLE MR. JUSTICE M.R. SHAH

reassess total income of such other person of such assessment year in the manner provided in Section 153-A.” 4.1 It is submitted by Shri Nataraj, learned ASG that the amendment in Section 153C was necessitated in view of the observation of the Delhi High Court in the case of Pepsico India Holdings Private Limited Vs. Assistant Commissioner of Income

ASSISTANT COMMISSIONER OF INCOME TAX vs. RAJESH JHAVERI STOCK BROKERS PVT.LTD

The appeal is allowed without

reopened the assessment by issuing a notice in terms of Section 148 of the Act on the ground that it has reason to believe that the income assessable to tax had escaped assessment within the meaning of Section 147 of the Act. The respondent asked for the reason for re-opening the assessment. On 31.5.2004 a return of income declaring

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) CIRCLE 1(2) vs. M/S M.R. SHAH LOGISTICS PVT. LTD

Appeal is allowed in these terms, without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

reopen assessment and there was no establishment of any nexus or link connecting the source of the investment to the assessee; the reassessment

INDIAN AND EASTERN NEWSPAPER SOCIETY NEW DELHI vs. COMMISSIONER OF INCOME TAX, NEW DELHI

reassess such income or recompute the loss or the depreciation allowance, as the case may be, for the assessment year concerned." In cases falling under section 147(b), the expression "information" prescribes one of the conditions upon which a concluded assessment may be reopened

COMMISSIONER OF AGRICULTURAL INCOME TAX, TRIVANDRUM vs. SMT. LUCY KOCHUVAREED

The appeals are allowed, but in the circumstances of the case we make no

reassessment of income that had escaped assessment and it was held that revisional powers under section 34 could be availed of to reopen

COMMISSIONER OF INCOME TAX, U.P. vs. GURBUX RAI HARBUX RAI

reassessment of excess profits tax. Under s. 15, if in consequence of definite information which has come into his possession, the Excess Profits Tax Officer discovers that the profits of any chargeable accounting period have escaped assessment, he may serve a notice on the assessee and proceed to assess the profits liable to excess profits tax. In the present case

INCOME TAX OFFICER, INCOME TAX-CUM-WEALTH TAX CIRCLE II, vs. NAWAB MIR BARKAT ALI KHAN BAHADUR

In the result, these appeals fail and are dismissed with

reassess such income for the assessment year concerned. The High court held. that the reasons assigned for reopening the assessments

R. S. A. C. KASI IYER vs. THE COMMISSIONER OF INCOME-TAX, MYSORE, TRAVANCORE-COCH

reopen the assessment proceedings notwithstanding any lapse of time and the previous order of assessment did not operate as a bar to such reassessment

INCOME TAX OFFICER, AZAMGARH & ANR. vs. MEWALAL DWARKA PRASAD & VICE VERSA

reopen the assessment and take to a fresh assessment proceeding. The High Court should not have examined the tenability of the assessee’s 608 contenton in regard to the two transactions of Rs.30,000 and Rs.40,000 and that aspect should have been left to be con- sidered by the Income Tax Officer while making the reassess

PARASHURAM POTTERY WORKS CO. LTD. vs. INCOME TAX OFFICER, CIRCLE-1, WARD 'A', RAJKOT,GUJARAT

reopening pro- ceedings. HEADNOTE: The appellant a Public Limited Company filed its Income Tax Return relating to the assessment years 1957-58 and 1959-60 under the Income Tax Act, 1922. The Income Tax Officer passed assessment orders on 16-4-1959 and on 30-3- 1961 respectively in respect of the two years. Certain depreciation was allowed

A.L.A. FIRM vs. COMMISSIONER OF INCOME TAX, MADRAS

reopened was the decision in Ramachari. this material was not considered at the time of the original assessment. Though it was a decision of 1961 and the Income Tax Officer could have known of it had he been diligent, the obvious fact is that he was not aware of the existence of that decision then and, when he came

NEW DELHI TELEVISION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE L. NAGESWARA RAO

reassessments were not satisfied. The re­assessments were made with reference to clause (b) of Section 147 of the Act, and apparently the Income Tax Officer proceeded on the basis that in consequence of information in his   possession   he   had   reason   to   believe   that   income chargeable   to   tax   had   escaped   assessment   for   the   two assessment years. From the material before

SHABINA ABRAHAM vs. COLLECTOR OF CENTRAL EXCISE & CUSTOMS

reopened. It puts a premium on one's credulity to accept that having created a special jurisdiction to assess or reassess

THE INCOME TAX OFFICER, MADRAS vs. S. K.HABIBULLAH, MADRAS

reopened except in the circumstances detailed in sections 34 and 35 of the Act x x x and within the time limited by those section." The orders of assessment are, subject to the provisions relating to appeals, revisions, reassessment

COMMR.OF INCOME TAX,SIMLA vs. M/S GREEN WORLD CORPORATION

Appeals are disposed of with the aforementioned directions

assessment, reassessment or recomputation may be taken.” The aforementioned provision although appears to be of a very wide amplitude, but would not mean that recourse to reopening