| Case ID |
00f3a456-a4b4-4ecc-9698-6adeca4435f4 |
| Body |
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| Case Number |
Civil Misc. Writ Petition (Tax) No. 276 of 2001 |
| Decision Date |
Jul 30, 2014 |
| Hearing Date |
|
| Decision |
The Allahabad High Court quashed the notice issued under Section 148 of the Income Tax Act, 1961, stating that the reasons for reopening the assessment were based on a mere change of opinion rather than fresh material. The court emphasized that the Assessing Officer had previously examined the matter in detail and accepted the valuation of the copyright purchase. The court found that all primary facts had been disclosed by the petitioner and thus, the issuance of the notice was illegal and without proper application of mind. The decision reaffirms the principle that reassessment cannot be initiated solely based on an audit objection without new evidence. |
| Summary |
This case revolves around the validity of a notice issued under Section 148 of the Income Tax Act, 1961, concerning the re-assessment of income for the assessment year 1997-98. The petitioner, Jagran Prakashan Ltd., challenged the notice on the grounds that it was issued without jurisdiction and was based on a mere change of opinion. The court highlighted that the original assessment had been made after thorough scrutiny, and all relevant information had been disclosed by the petitioner. The court quashed the notice, reinforcing the importance of proper jurisdictional grounds and the necessity for new material before re-opening assessments. This case serves as a significant reference for issues related to income tax assessments, particularly in the context of reassessment proceedings and the standards required for issuing notices under Section 148. The case discusses the nuances of tax law, audit objections, and the principles governing the reopening of assessments, making it a critical reference for tax professionals and legal practitioners in the field of taxation. |
| Court |
Allahabad High Court
|
| Entities Involved |
Jagran Prakashan Ltd.,
Commissioner of INCOME TAX, KanPur Nagar
|
| Judges |
Tarun Agarwala,
Dr. Satish Chandra
|
| Lawyers |
Sri V.K. Upadhya,
Sri Ritvik Upadhya,
Sri Govind Krishna
|
| Petitioners |
Jagran Prakashan Ltd.
|
| Respondents |
Commissioner of INCOME TAX, KanPur Nagar
|
| Citations |
2014 SLD 2256,
(2014) 367 ITR 534
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
148,
143(1)(a),
143(2),
142(1),
4(10)(c)
|