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ROHIT RANJAN AGARWAL
Achal Kumar Agrawal – Appellant
Versus
PR. Commissioner of Income Tax Gorakhpur – Respondent
| Table of Content |
|---|
| 1. assessment proceedings initiated under section 148. (Para 2) |
| 2. arguments regarding notice service validity. (Para 3 , 4) |
| 3. court findings on notice and revisional authority's role. (Para 5 , 6 , 7) |
| 4. petition dismissed for lack of merit. (Para 8) |
JUDGMENT
Rohit Ranjan Agarwal, J.
Heard Sri Suyash Agarwal, learned counsel for the petitioner and Sri Ashish Agrawal, learned counsel appearing for respondents No.1 and 2.
2. Proceedings for reassessment under section 148 of the INCOME TAX ACT was initiated by the Income Tax Department by invoking relevant provisions and issuing notice and an assessment order was passed on 27.3.2015. The dispute is for the assessment year 2007-08.
3. Sri Suyash Agrawal, learned counsel appearing for the petitioner submitted that no notice under section 148 of the INCOME TAX ACT was issued to the Assessee. He further contended that against the assessment order, the Assessee had preferred revision under section 264 of the INCOME TAX ACT where a ground was taken in the memo of revision that notice under section 148 of the INCOME TAX ACT dated 27.3.2014 was not validly served. He further contends that the Revisional Authority without v
Notices issued under Section 148 of the Income Tax Act beyond statutory timelines are invalid, leading to quashing of the assessment order.
Point of Law : Implementation/ clarified by Instruction issued by Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, in exercise of powers under Section 119 of Act, 1961.
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
Issue of notice where income has escaped assessment (1) Before making the assessment, reassessment or re-computation under Section 147, the Income tax Officer shall serve on the Assessee a notice con....
The principle of consistency in reasons for reopening assessments is crucial in determining the sustainability of notices issued under the Income Tax Act.
The principle of consistency in reasons for reopening assessments across different assessment years is crucial, and the Assessing Officer must apply this principle before passing the assessment order....
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