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...
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Validity of reassessment proceedings - non-issue of the statutory notice u/s 143(2) - The Appellate Tribunal found that the AO had not issued the statutory notice under section 143(2) in response to the appellant's return filed under section 148. Despite repeated requests and payments for inspection of case records, the AO did not provide the necessary documents to verify the issuance of the notice. The Tribunal held that the non-issuance of the statutory notice constituted an incurable defect, rendering the assessment proceedings void ab initio. Therefore, the Tribunal allowed the appeal in favor of the appellant.
Validity of reassessment proceedings - non-issue of the statutory notice u/s 143(2) - The Appellate Tribunal found that the AO had not issued the statutory notice under section 143(2) in response to the appellant's return filed under section 148. Despite repeated requests and payments for inspection of case records, the AO did not provide the necessary documents to verify the issuance of the notice. The Tribunal held that the non-issuance of the statutory notice constituted an incurable defect, rendering the assessment proceedings void ab initio. Therefore, the Tribunal allowed the appeal in favor of the appellant.
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