Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Reopening of assessment was examined on the basis of incorrect facts, borrowed satisfaction and an uncorroborated search statement. The Tribunal noted that the recorded reasons wrongly stated that share premium had been received and even identified entities that had not been allotted shares, showing non-application of mind by the Assessing Officer. It further held that reopening could not rest only on the director's statement without supporting material, consistent with CBDT instructions discouraging additions based solely on confession. On that basis, the notice for reopening and the consequential reassessment were quashed, and the jurisdictional challenge was allowed.
Reopening of assessment was examined on the basis of incorrect facts, borrowed satisfaction and an uncorroborated search statement. The Tribunal noted that the recorded reasons wrongly stated that share premium had been received and even identified entities that had not been allotted shares, showing non-application of mind by the Assessing Officer. It further held that reopening could not rest only on the director's statement without supporting material, consistent with CBDT instructions discouraging additions based solely on confession. On that basis, the notice for reopening and the consequential reassessment were quashed, and the jurisdictional challenge was allowed.
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