Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Allocation of pecuniary jurisdiction under CBDT Instruction No. 01/2011 is described as a jurisdictional requirement for issuing a scrutiny notice under section 143(2), rather than a mere procedural formality. For a non-corporate assessee in a metro city whose returned income is below the prescribed limit, jurisdiction lies with the ITO, while a notice issued by the ACIT is treated as lacking legal authority. The notes further state that such an additional legal ground may be admitted when it goes to the root of the matter and requires no further factual verification. Without a fresh notice from the competent officer, the assessment is described as vitiated and liable to be quashed.
Allocation of pecuniary jurisdiction under CBDT Instruction No. 01/2011 is described as a jurisdictional requirement for issuing a scrutiny notice under section 143(2), rather than a mere procedural formality. For a non-corporate assessee in a metro city whose returned income is below the prescribed limit, jurisdiction lies with the ITO, while a notice issued by the ACIT is treated as lacking legal authority. The notes further state that such an additional legal ground may be admitted when it goes to the root of the matter and requires no further factual verification. Without a fresh notice from the competent officer, the assessment is described as vitiated and liable to be quashed.
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