Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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Reopening under section 147 was held invalid where recomputation of depreciation would not alter the assessee's tax liability under the MAT regime. The infrastructure business was already entitled to full deduction on profits, and any higher depreciation rate would only reduce normal income without affecting the book profit taxed under section 115JB. Because the depreciation particulars were already disclosed in the original scrutiny assessment, the attempt to reopen on the same material amounted to a mere change of opinion. The notice and reassessment order were quashed for want of any escapement of income chargeable to tax.
Reopening under section 147 was held invalid where recomputation of depreciation would not alter the assessee's tax liability under the MAT regime. The infrastructure business was already entitled to full deduction on profits, and any higher depreciation rate would only reduce normal income without affecting the book profit taxed under section 115JB. Because the depreciation particulars were already disclosed in the original scrutiny assessment, the attempt to reopen on the same material amounted to a mere change of opinion. The notice and reassessment order were quashed for want of any escapement of income chargeable to tax.
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