Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Reopening of assessment under section 147/148 was contested where notices issued beyond four years relied principally on audit party or internal audit opinions and documents. The article explains the legal principle that an assessing officer must have his own information and form subjective satisfaction - mere reliance on audit reports or internal notes amounts to change of opinion and cannot sustain reassessment. It cites precedent that audit opinions are not 'information' per se and that reopening on identical materials is impermissible, resulting in decisions favouring the assessee where the AO lacked independent application of mind and subjective satisfaction.
Reopening of assessment under section 147/148 was contested where notices issued beyond four years relied principally on audit party or internal audit opinions and documents. The article explains the legal principle that an assessing officer must have his own information and form subjective satisfaction - mere reliance on audit reports or internal notes amounts to change of opinion and cannot sustain reassessment. It cites precedent that audit opinions are not 'information' per se and that reopening on identical materials is impermissible, resulting in decisions favouring the assessee where the AO lacked independent application of mind and subjective satisfaction.
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