Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Reopening based on audit objections and issues already examined in scrutiny assessment was treated as a mere change of opinion, because the Assessing Officer had raised specific queries in the original proceedings and the assessee had disclosed full particulars. The reassessment was held invalid on depreciation claims for computers, plant and machinery, goodwill, CSR-linked deduction under Chapter VI-A, and excess discount provision, since each issue had been considered earlier or lacked a live nexus with any new material. The recorded reasons were also found vague on excess depreciation and contrary to the statutory scheme on additional depreciation and goodwill. On that basis, the notice under section 148 and the order rejecting objections were quashed.
Reopening based on audit objections and issues already examined in scrutiny assessment was treated as a mere change of opinion, because the Assessing Officer had raised specific queries in the original proceedings and the assessee had disclosed full particulars. The reassessment was held invalid on depreciation claims for computers, plant and machinery, goodwill, CSR-linked deduction under Chapter VI-A, and excess discount provision, since each issue had been considered earlier or lacked a live nexus with any new material. The recorded reasons were also found vague on excess depreciation and contrary to the statutory scheme on additional depreciation and goodwill. On that basis, the notice under section 148 and the order rejecting objections were quashed.
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