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Citations on Procedure for Assessment

Rajendran Nallusamy ,
  05 December 2008       Share Bookmark

Court :

Brief :

Citation :

1. In Goetze (India) Ltd vs. CIT (2006) 284 ITR 323, the Apex court held that the assessee having filed a return cannot claim a deduction by way of addressing a letter to the Assessing Officer. There is no statutory provision for allowing an amendment in the return by means of a letter. The assessee cannot claim a deduction in respect of the return filed without filing a revised return.

2. Reassessment proceedings could be initiated only when the Assessing officer has reason to believe that the income chargeable to tax has escaped assessment. In Dass Friends Builders (P) Ltd vs. Dy.CIT (2006) 280 ITR 77 (All) the reassessment proceedings were initiated based on the defects in the books noticed in the subsequent assessment year. The Assessing Officer while estimating the income after rejecting books resorted to reassessment proceedings for the earlier year based on presumption and hence, the notice was held as not valid and was quashed.

3. Where an assessee is co-owner of a property, the Assessing Officer cannot solely pick out and enhance, the income in the hands of one of the co-owners without disturbing the income from the same property of the other co-owners - CIT vs. Muthukarupan (2007) 290 ITR 154 (Mad.).

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