Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
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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