Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
The Tribunal held that a Commissioner (Appeals) may enhance an assessment only in respect of matters or sources of income expressly or by clear implication considered by the Assessing Officer. A separate alleged commission income for facilitating accommodation entries was a new source, because the assessment had only made a protective addition on the entry itself and had not examined any commission income. That new source could not be introduced through appellate enhancement and, if otherwise sustainable, had to be pursued through separate statutory proceedings for escaped or erroneous assessment. The enhancement was deleted and the assessee's appeal was allowed.
The Tribunal held that a Commissioner (Appeals) may enhance an assessment only in respect of matters or sources of income expressly or by clear implication considered by the Assessing Officer. A separate alleged commission income for facilitating accommodation entries was a new source, because the assessment had only made a protective addition on the entry itself and had not examined any commission income. That new source could not be introduced through appellate enhancement and, if otherwise sustainable, had to be pursued through separate statutory proceedings for escaped or erroneous assessment. The enhancement was deleted and the assessee's appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
