Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
Objective characteristics and principal use govern mining-tyre classification, while fresh advance ruling applications may rely on additional technica...
Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
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In rectification proceedings, an adverse variation withdrawing relief could not be made ex parte: the Tribunal noted that no notice was issued and that the mandatory opportunity of hearing under section 154(3) was not complied with, so the rectification was void ab initio and set aside. The Tribunal also held that section 154 is confined to correcting a patent mistake apparent from the record and cannot be used to reconsider or reverse a concluded appellate view; where the earlier appellate decision had already favoured the assessee, the later rectification amounted to an impermissible review rather than rectification. The appeal was allowed and the impugned rectification was held unsustainable.
In rectification proceedings, an adverse variation withdrawing relief could not be made ex parte: the Tribunal noted that no notice was issued and that the mandatory opportunity of hearing under section 154(3) was not complied with, so the rectification was void ab initio and set aside. The Tribunal also held that section 154 is confined to correcting a patent mistake apparent from the record and cannot be used to reconsider or reverse a concluded appellate view; where the earlier appellate decision had already favoured the assessee, the later rectification amounted to an impermissible review rather than rectification. The appeal was allowed and the impugned rectification was held unsustainable.
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