Order Passed Under Section 143(1) Is Not An Assessment; Delhi High Court Dismisses Ernst And Young's Writ Petition
www.livelaw.in
doctrine of change of opinion The assessee averred that the order passed by the Revenue Department under Section 143(1) of the Income Tax Act accepting the Income Tax Return filed by the assessee and determining the taxable income of the assessee is an assessment with consequences Thus, the assessee
1 Users
1 Comments
7 Highlights
0 Notes
Top Highlights
- doctrine of change of opinion
- The assessee averred that the order passed by the Revenue Department under Section 143(1) of the Income Tax Act accepting the Income Tax Return filed by the assessee and determining the taxable income of the assessee is an assessment with consequences
- Thus, the assessee contended that in the absence of any fresh tangible material or information which would indicate that the assessee's income for the relevant assessment year had escaped assessment, no Show Cause Notice under Section 148A(b) of the Income Tax Act could have been issued by the department.
- Section 148A of the Income Tax Act provides that the Assessing Officer is required to conduct an inquiry and provide an opportunity of hearing to the assessee before issuing a notice under Section 148. Section 148 A(d) provides that before issuing any notice under Section 148, the Assessing Officer shall decide, on the basis of material available o...
- the requirement of passing of an assessment order has been dispensed with and instead only an intimation is required to be sent to the assessee
Tags
GST_Casestudy
Domain
Toughts & Comments
Chaitanya Dhodapkar
Assessment vs Intimation 143(1)
Ready to highlight and find good content?
Glasp is a social web highlighter that people can highlight and organize quotes and thoughts from the web, and access other like-minded people’s learning.