Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Under reassessment procedure, a scrutiny notice must be issued only after the taxpayer files a return in response to a reopening notice. Issuing the scrutiny notice before that return is filed makes the notice invalid and cannot cure the statutory defect. Without a valid scrutiny notice, the reassessment order is invalid. Reassessment orders founded on prematurely issued scrutiny notices are therefore liable to be set aside, and appeals challenging their invalidation fail where no further question of law arises.
Under reassessment procedure, a scrutiny notice must be issued only after the taxpayer files a return in response to a reopening notice. Issuing the scrutiny notice before that return is filed makes the notice invalid and cannot cure the statutory defect. Without a valid scrutiny notice, the reassessment order is invalid. Reassessment orders founded on prematurely issued scrutiny notices are therefore liable to be set aside, and appeals challenging their invalidation fail where no further question of law arises.
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