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...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
For assessment years beginning on or before 1 April 2021, the first proviso to section 149(1) preserves the pre-Finance Act 2021 limitation for reassessment notices. The note states that a notice for AY 2016-17 issued after the earlier six-year period was time-barred, rendering the reassessment and consequential assessment invalid. It further addresses additions under section 68 on sale proceeds of unquoted shares: where acquisition, holding and sale were supported by banking records, balance-sheet disclosures, sale bills and purchaser confirmations, and no evidence linked the assessee to an alleged cash trail, sale proceeds could not be treated as unexplained cash credit. An ad hoc profit addition without substantive material was also deleted.
For assessment years beginning on or before 1 April 2021, the first proviso to section 149(1) preserves the pre-Finance Act 2021 limitation for reassessment notices. The note states that a notice for AY 2016-17 issued after the earlier six-year period was time-barred, rendering the reassessment and consequential assessment invalid. It further addresses additions under section 68 on sale proceeds of unquoted shares: where acquisition, holding and sale were supported by banking records, balance-sheet disclosures, sale bills and purchaser confirmations, and no evidence linked the assessee to an alleged cash trail, sale proceeds could not be treated as unexplained cash credit. An ad hoc profit addition without substantive material was also deleted.
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