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NEELA GOKHALE, K. R. SHRIRAM
Hexaware Technologies Limited – Appellant
Versus
Assistant Commissioner of Income Tax – Respondent
| Table of Content |
|---|
| 1. the proceedings were expedited by mutual consent of involved parties. (Para 1 , 2) |
| 2. petitioner's engagement and income declaration. (Para 3 , 4 , 5) |
| 3. details of scrutiny notices and assessment. (Para 7 , 8) |
| 4. objections raised against reopening. (Para 9 , 10 , 11 , 12) |
| 5. validity of notices and procedural adherence. (Para 15 , 16 , 18 , 19) |
| 6. issues of limitation and procedural compliance. (Para 20 , 21 , 22) |
| 7. implications of previous judgments. (Para 23 , 24 , 25) |
| 8. explanation of statutory provisions. (Para 26 , 27 , 28 , 29 , 30) |
| 9. analysis of the notice validity based on din. (Para 31 , 32 , 33) |
| 10. scheme applicability and interpretation. (Para 34 , 35 , 36 , 37 , 38) |
| 11. change of opinion and review prohibition. (Para 39 , 40 , 41 , 42) |
| 12. approval validity and application of mind. (Para 43 , 44 , 45 , 46) |
| 13. final ruling of cases. (Para 47 , 48) |
JUDGMENT
K.R. Shriram, J. - Since the pleadings are completed, by consent of the parties, we decided to dispose the petition at the admission stage itself.
2. Therefore, Rule. Rule made returnable forthwith.
3. Petitioner is engaged in information technology consulting, software development and business process servic
The court ruled that the reassessment notices were invalid as they were issued after the limitation period, and no escapement of income represented as an asset was demonstrated.
Reassessment notice u/s.148 for AY 2017-18 issued after 3 years with escaped income below Rs.50 lakhs held barred by limitation under first proviso to section 149(1)(b), quashing proceedings.
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