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Search results for: Section 148A

Kerala HC's Order In Case of the Salim Aboobacker vs. ITO

Kerala HC: Section 148A Proceedings Invalid If Income Escaped Is Under ₹50 Lakh and Notice Is Beyond 3-Year Limit

The Kerala High Court ruled that tax proceedings under Income Tax Section 148A are invalid if the income is less than INR 50 lakh and the notice is issued more than three years later. Justice Ziyad Rahman A.A. said that “when the order of the assessing authority is found to be without jurisdiction and hit […]

Delhi HC's Order in The Case of Chandra Prakash Srivastava vs. Income Tax Officer

Delhi HC Sets Aside Reassessment Notice for Breaching Section 148A Norms

The reassessment notice issued for failure to follow the procedure prescribed under Section 148A of the Income Tax Act, 1961, has been quashed by the Delhi High Court.” Chandra Prakash Srivastava, the applicant, has filed a petition challenging an order dated July 28, 2022, which was issued under Section 148A(d) of the Income Tax Act, […]

Ghanyashyam Anil Dhanani

SC Overturns HC Order on Section 148A(b) Notice to Deceased, Shifts Onus to Legal Representatives

An Order passed by the Bombay High Court regarding the issuance of Notice under Section 148A(b) of the Income Tax Act, 1961 to the legal representatives of a deceased taxpayer has been set aside by the Supreme Court of India. A Civil Appeal was instituted to the Supreme Court by Ghanyashyam Anil Dhanani concerning a […]

MP HC's Order In the Case of Rakesh Agrawal vs. Central Board of Direct Taxes and Others

MP HC: IT Order Passed Under Section 148A(d) Cannot Be Applied; Writ Petition Can Be Appealed

It was carried by the Madhya Pradesh High Court (HC) that an order passed u/s 148A(d) of the Income Tax Act 1961 is not an appealable order hence the mere remedy with an aggrieved party is to invoke the writ jurisdiction of the HC. The proceedings under section 148A are initiated when the income tax […]

Summary of New Changes Under IT Section 148A

Quick Guide to Income Tax Section 148A with New Changes

The Finance Bill 2024 includes changes to Section 148A of the Income-Tax (I-T) Act, which relates to the time limits for issuing notices to reopen assessments. Currently, the Income-Tax Department can reopen assessments under Section 148A for up to 5 years and 3 Months from the end of the relevant assessment year if the income […]

Bombay HC's Order In Case of Umang Mahendra Shah Versus Union of India & Ors.

Bombay HC: IT Section 148A(d) Order Cannot Be Passed Without a Valid Sanction Under Section 151

If an order is passed under section 148A(d) of the Income Tax Act in the lack of an appropriate sanction as per the provisions of Section 151 of the Income Tax Act, the order and the resulting notice u/s 148 shall need to be declared illegal, the Bombay High court ruled. The bench of Justice […]

Rajasthan HC's Order In The Case of Laxmi Meena Vs Union of India & Ors.

Rajasthan HC Upholds Use of IT Section 148A(d) for Inquiry into Suspected Tax Discrepancies

The matter of Laxmi Meena Vs Union of India & Ors. before the Rajasthan High Court is concerned with the legality of proceedings initiated u/s 148A(d) of the Income Tax Act, 1961, established on facts proposing differences in reported income from a property transaction. Below is a detailed case summary: A Summary of the Arguments […]

Calcutta High Court Order for Matrix Commodeal Pvt. Ltd

Calcutta HC Refused Re-assessment Notice Under Section 148A

A reassessment order has been revoked by the Calcutta High court on the basis of non-compliance of section 148A notice under the income tax act 1961 and rendered the applicant’s matric commodeal Pvt ltd to furnish the cost of Rs 5000 applicant to the Calcutta High court legal services committee. The applicant was hurt, as […]

Calcutta HC's Order in The Case Of IVL Dhunseri Petrochem Industries Private Limited vs. Union of India & Ors

Calcutta HC Suspends IT Reassessment Section 148 Over Ignored Reply to Notice U/S 133(6)

The Calcutta High Court has stayed reassessment proceedings initiated u/s 148 of the Income Tax Act, 1961, for the AY 2021-22, on a prima facie basis, that the reassessment notice seemed to have been issued without acknowledging the taxpayer’s detailed replies provided earlier in reply to a notice u/s 133(6) of the Income Tax Act. […]

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