CIRCULAR/ INSTRUCTION

it17cir01

Deduction from salary u/s 192B - CBDT notifies exhaustive TDS circular

Instruction_05-01-2016

Request for providing information regarding pending litigation on the issue of validity or search and seizure operations, where the court/Tribunal have directed the Department to produce records including the "satisfaction Note" and other evidence gathered on the basis of which search was conducted- regarding

CASE LAW

2017-TIOL-05-SC-IT

CIT Vs JB EXPORTS: SUPREME COURT OF INDIA (Dated: January 2, 2017)

Income tax - Section 148

Keywords - concluded assessment & reasons for reopening.

The Revenue preferred this SLP challenging the order, whereby the High Court had held that when the original assessment was completed by CIT(A) and within a period of three months from the original assessment order, notice u/s 148 was issued by another AO without having reassignment of the case or assuming legal jurisdiction, such notice is invalid.

Having heard the parties, the Supreme Court held that,

Whether the question of jurisdiction of an AO to issue notice u/s 148, requires any answer by Apex Court, when it is established on merits by the HC that such notice was erroneously issued - NO: SC

++ it is to be noted that when on merits, the notice u/s 148 was erroneously issued and there was no reason to make addition to the income originally assessed, the question whether the AO who issued the notice u/s 148 was authorised to do it or not need not be gone into.

Revenue's SLP dismissed