Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Taxation of a trust created under a Will turned on the principle of consistency: where the Department had accepted the same Will and Indenture of Declaration of Trust in a subsequent year, and there was no change in facts or law, the Revenue could not take a contrary stand for the year in issue. The Tribunal also held that its appellate powers were not confined by rectification limits and that correct tax liability could be determined on the material before it. The CIT(A)'s order was set aside and the AO was directed to apply the individual rate, subject to verification that the trust was the same trust earlier accepted, with consequential interest recomputation.
Taxation of a trust created under a Will turned on the principle of consistency: where the Department had accepted the same Will and Indenture of Declaration of Trust in a subsequent year, and there was no change in facts or law, the Revenue could not take a contrary stand for the year in issue. The Tribunal also held that its appellate powers were not confined by rectification limits and that correct tax liability could be determined on the material before it. The CIT(A)'s order was set aside and the AO was directed to apply the individual rate, subject to verification that the trust was the same trust earlier accepted, with consequential interest recomputation.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
