Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
A draft assessment order is required before a prejudicial variation is made to an eligible non-resident individual, preserving the statutory opportunity to seek Dispute Resolution Panel review; the article reports that bypassing this requirement rendered the final assessment jurisdictionally invalid. It further states that best judgment assessment requires actual statutory non-compliance, which was absent where a verified return and supporting responses were furnished. Assessment of an accepted non-resident must be completed by the International Taxation officer, and faceless proceedings did not cure the Gurgaon officer's lack of jurisdiction. Duplicate Form 26AS reporting could not justify an addition where the property deed, bank records and remittance source explained the actual purchase. The reported assessment, demand and penalty notice were quashed without remand.
A draft assessment order is required before a prejudicial variation is made to an eligible non-resident individual, preserving the statutory opportunity to seek Dispute Resolution Panel review; the article reports that bypassing this requirement rendered the final assessment jurisdictionally invalid. It further states that best judgment assessment requires actual statutory non-compliance, which was absent where a verified return and supporting responses were furnished. Assessment of an accepted non-resident must be completed by the International Taxation officer, and faceless proceedings did not cure the Gurgaon officer's lack of jurisdiction. Duplicate Form 26AS reporting could not justify an addition where the property deed, bank records and remittance source explained the actual purchase. The reported assessment, demand and penalty notice were quashed without remand.
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