International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
Formation of belief by the Assessing Officer that income has escaped assessment is the crux of the reopening provision. The reasons recorded must be based on tangible material, evident from the reading of the reasons, constituting the mandatory requirement of Section 147. Assessments cannot be reopened merely on suspicion; the Assessing Officer must have "reason to believe" that income has escaped assessment, different from merely having a reason to suspect. In this case, there is no "close nexus" or "live link" between tangible material and the reason to believe income has escaped assessment. Information received from the Investigating Unit cannot be the sole basis; the Assessing Officer must take further steps, make inquiries, and gather material indicating income has escaped assessment before forming the belief. The Assessing Officer has not acquired any material to form such belief, lacking even a line of reason justifying the belief's formation. Consequently, the reopening does not satisfy the legal requirements of Sections 147 & 148. Thus, the reassessment proceedings are set aside, decided in favor of the assessee.
Formation of belief by the Assessing Officer that income has escaped assessment is the crux of the reopening provision. The reasons recorded must be based on tangible material, evident from the reading of the reasons, constituting the mandatory requirement of Section 147. Assessments cannot be reopened merely on suspicion; the Assessing Officer must have "reason to believe" that income has escaped assessment, different from merely having a reason to suspect. In this case, there is no "close nexus" or "live link" between tangible material and the reason to believe income has escaped assessment. Information received from the Investigating Unit cannot be the sole basis; the Assessing Officer must take further steps, make inquiries, and gather material indicating income has escaped assessment before forming the belief. The Assessing Officer has not acquired any material to form such belief, lacking even a line of reason justifying the belief's formation. Consequently, the reopening does not satisfy the legal requirements of Sections 147 & 148. Thus, the reassessment proceedings are set aside, decided in favor of the assessee.
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