https://www.taxtmi.com/caselaws?id=760553 Delhi HC upheld ITAT's decision setting aside reassessment notice u/s 148. AO issued notice based solely on sales tax survey findings without independent verification or application of mind. Court noted that original sales tax assessment was set aside by appellate authority and remitted for fresh assessment, with no outstanding demands existing when notice was issued. AO failed to examine current status of sales tax proceedings. CIT(A)'s reliance on prima facie opinion formation was deemed untenable. Section 147 requires satisfaction of pre-conditions before reopening assessment, which was lacking. Decision favored assessee against revenue. en-us Wed, 07 Aug 2024 00:00:00 +0530 Wed, 23 Oct 2024 08:19:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760553 Delhi HC upheld ITAT's decision setting aside reassessment notice u/s 148. AO issued notice based solely on sales tax survey findings without independent verification or application of mind. Court noted that original sales tax assessment was set aside by appellate authority and remitted for fresh assessment, with no outstanding demands existing when notice was issued. AO failed to examine current status of sales tax proceedings. CIT(A)'s reliance on prima facie opinion formation was deemed untenable. Section 147 requires satisfaction of pre-conditions before reopening assessment, which was lacking. Decision favored assessee against revenue. Case-Laws Income Tax Wed, 07 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760553