2017 (1) TMI 503 - SCH - Income Tax

Dismissal of Special Leave Petition for Delay Condonation in Income Tax Notice Issuance

The Supreme Court dismissed the special leave petition due to a delay condonation issue related to a notice under Section 148 of the Income Tax Act being ... Reopening of assessment - Held that:- In the facts of this case, when we find, on merits, that the notice under Section 148 of the Income Tax Act, 1961, was erroneously issued and there was no reason to make addition to the income originally assessed, the question whether the Assessing Officer who issued the notice under Section 148 of the Act was authorised to do it or not need not be gone into. HC order [2015 (5) TMI 1087 - GUJARAT HIGH COURT] The Supreme Court condoned the delay and dismissed the special leave petition as the notice under Section 148 of the Income Tax Act was erroneously issued without reason for income addition. The question of the Assessing Officer's authorization was left open.