Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
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