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...
Limitation Period for issuance of notice u/s 143(2) - Scrutiny Assessment - Relevant date - after filing of the return of income, defect notice u/s 139(9) had been sent to the assessee which was cured by the assessee - The ITAT allowed the appeal, holding that the notice issued under Section 143(2) beyond the prescribed time limit rendered the assessment order without jurisdiction and thus, it was quashed. The decision emphasized that the limitation for issuing such a notice runs from the year in which the return of income is filed and not from when a defect, if any, is rectified by the assessee.
Limitation Period for issuance of notice u/s 143(2) - Scrutiny Assessment - Relevant date - after filing of the return of income, defect notice u/s 139(9) had been sent to the assessee which was cured by the assessee - The ITAT allowed the appeal, holding that the notice issued under Section 143(2) beyond the prescribed time limit rendered the assessment order without jurisdiction and thus, it was quashed. The decision emphasized that the limitation for issuing such a notice runs from the year in which the return of income is filed and not from when a defect, if any, is rectified by the assessee.
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