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SURYA PRAKASH KESARWANI, JAYANT BANERJI
Parmarth Steel and Alloys Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. These cases have been remanded by the Hon'ble Supreme Court by order dated 28.8.2019 passed in civil appeals.
2. The aforesaid writ petitions have been filed challenging the notices for reassessment under Section 21(1) of the U.P. Trade Tax Act, 1948.
3. After the aforesaid order of the Hon'ble Supreme Court, these writ petitions were listed on 18.2.2021, 5.3.2021 and 4.3.2022.
4. On 4.3.2022, this Court passed the following order:
List/put up in the additional cause list in the week commencing 21.3.2022 alongwith connected matter.''
5. Today, case has been called out. No one appears for the petitioners to press the writ petitions even in the revised call.
6. In the aforesaid Writ Tax No. 874 of 2010, Writ Tax No. 875 of 2010, Writ Tax No. 353 of 2012 and Writ Tax No. 13 of 2014, the petitioners have prayed for the following relief:
| Relief as prayed in Writ Tax No. 874 of 2010 | Relief as prayed in Writ Tax No. 875 of 2010 | Relief as prayed in Writ Tax No. 353 of 2012 | Relief |
Reassessment under tax law requires fresh evidence and cannot be initiated solely based on a change of opinion or subsequent legal circular.
The challenge to a notice and order for reopening of assessment is maintainable when there is no statutory remedy available under the Act. Non-supply of material forming the basis for reopening the a....
The court upheld the validity of reassessment proceedings under Section 148 based on found incriminating material, emphasizing the importance of valid grounds for reopening assessments.
The 'reason to believe' for reassessment must be based on tangible material with a direct nexus to the formation of the belief, and reassessment cannot be made on a change of opinion.
The court affirmed the validity of reassessment proceedings under the Income Tax Act when there are reasonable grounds to believe that income has escaped assessment, while also emphasizing the signif....
The judgment establishes that the Tribunal is the final authority on factual matters in tax assessments, and the High Court's review is limited to legal questions, emphasizing the importance of docum....
The court established that under the amended Section 148A of the Income Tax Act, the requirement to record 'reason to believe' has been replaced with a subjective decision-making process, allowing fo....
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