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 ...
Reopening of assessment u/s 147 - initiating notice u/s 148A(b) - alleged information received from DDIT (Inv.), Mumbai that the petitioner opted accommodation entries - The High court noted that the purpose of the inquiry u/s 148A was to determine whether a case for reassessment was made out. It found that the petitioner's admission of the transaction between him and AEPL, not being reflected in the income tax return, constituted a prima facie case for reopening the assessment. - Further, the HC held that the objections raised by the petitioner were more in the nature of explaining why the transaction amount should not be taxable, which would be examined in detail during reassessment proceedings.
Reopening of assessment u/s 147 - initiating notice u/s 148A(b) - alleged information received from DDIT (Inv.), Mumbai that the petitioner opted accommodation entries - The High court noted that the purpose of the inquiry u/s 148A was to determine whether a case for reassessment was made out. It found that the petitioner's admission of the transaction between him and AEPL, not being reflected in the income tax return, constituted a prima facie case for reopening the assessment. - Further, the HC held that the objections raised by the petitioner were more in the nature of explaining why the transaction amount should not be taxable, which would be examined in detail during reassessment proceedings.
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