Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The Assessing Officer (AO) reopened the assessment solely based on the information from a survey conducted by the Sales Tax Department, without independently examining the allegations or ascertaining the status of proceedings under the Sales Tax statute. The Income Tax Appellate Tribunal (ITAT) set aside the reopening, as the AO failed to apply their mind and did not inquire about the subsequent developments in the Sales Tax case, where the original assessment order had been set aside and the matter remitted for fresh assessment. The Commissioner of Income Tax (Appeals) erred in upholding the reopening based on a 'prima facie' formation of opinion. The High Court held that the reasons recorded by the AO cannot be considered proper to form a belief of income escaping assessment, as the information received was not found well-founded, and the AO made no efforts to verify or apply their mind to the same. The provisions of Section 147 do not give unfettered powers to reopen assessments, and the AO is required to satisfy the preconditions, which were lacking in this case.
The Assessing Officer (AO) reopened the assessment solely based on the information from a survey conducted by the Sales Tax Department, without independently examining the allegations or ascertaining the status of proceedings under the Sales Tax statute. The Income Tax Appellate Tribunal (ITAT) set aside the reopening, as the AO failed to apply their mind and did not inquire about the subsequent developments in the Sales Tax case, where the original assessment order had been set aside and the matter remitted for fresh assessment. The Commissioner of Income Tax (Appeals) erred in upholding the reopening based on a 'prima facie' formation of opinion. The High Court held that the reasons recorded by the AO cannot be considered proper to form a belief of income escaping assessment, as the information received was not found well-founded, and the AO made no efforts to verify or apply their mind to the same. The provisions of Section 147 do not give unfettered powers to reopen assessments, and the AO is required to satisfy the preconditions, which were lacking in this case.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
