Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
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Reassessment based only on information from the Investigation Wing and a third-party statement was found unsustainable where the Assessing Officer had no independent tangible material to form his own belief of escapement. The Tribunal held that mere reliance on borrowed satisfaction and post facto notices to alleged suppliers did not justify reopening under sections 147 and 148. It also held that an addition for alleged bogus purchases could not be made under section 68 when the purchases and corresponding sales were already recorded in the books, as that would amount to double addition. Both appeals were allowed and the section 68 addition was deleted.
Reassessment based only on information from the Investigation Wing and a third-party statement was found unsustainable where the Assessing Officer had no independent tangible material to form his own belief of escapement. The Tribunal held that mere reliance on borrowed satisfaction and post facto notices to alleged suppliers did not justify reopening under sections 147 and 148. It also held that an addition for alleged bogus purchases could not be made under section 68 when the purchases and corresponding sales were already recorded in the books, as that would amount to double addition. Both appeals were allowed and the section 68 addition was deleted.
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