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Ground of appeal raised by the assessee is that the learned CIT(A) erred in not treating the re-assessment proceedings as invalid, although during the original assessment proceedings, detailed documents were furnished to substantiate the 'Sales Promotion expenses', which only after examining all the facts and explanations and application of mind did the AO disallow Rs. 5.37 crores as expenses related to Doctor's Gifts/Expenses.

Shanti Prime Publication Pvt. Ltd.

Section 147 of the Income Tax Act, 1961- Reopening invalid as there is no tangible material on the basis of which the assessment is sought to be reopened and AO while reopening the assessment had a change of opinion which was formed earlier on the allowability of the deduction and power to reopen an assessment is conditional on the formation of a reason to believe that income chargeable to tax has escaped assessment and power is not akin to a review - MEDLEY PHARMACEUTICALS LTD. V/s DEPUTY CIT - [2020] 27 ITCD Online 045 (ITAT-MUMBAI)