https://www.taxtmi.com/caselaws?id=204034 Reassessment under section 147 was upheld because the CBDT circular and other material available to the Assessing Officer were sufficient to form the requisite belief, but the assessment for assessment year 1999-2000 was cancelled for want of mandatory notice under section 143(2), which created a jurisdictional defect. On dividend taxation, the India-UK treaty required the dividend to be assessed on a deemed gross basis by adding the tax credit component, with credit allowed only against Indian tax liability. Section 91 was held inapplicable where the treaty governed, and no refund could be claimed merely because the credit exceeded the tax payable. en-us Fri, 30 Jul 2010 00:00:00 +0530 Wed, 08 Aug 2012 17:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=204034 Reassessment under section 147 was upheld because the CBDT circular and other material available to the Assessing Officer were sufficient to form the requisite belief, but the assessment for assessment year 1999-2000 was cancelled for want of mandatory notice under section 143(2), which created a jurisdictional defect. On dividend taxation, the India-UK treaty required the dividend to be assessed on a deemed gross basis by adding the tax credit component, with credit allowed only against Indian tax liability. Section 91 was held inapplicable where the treaty governed, and no refund could be claimed merely because the credit exceeded the tax payable. Case-Laws Income Tax Fri, 30 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=204034