Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
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The ITAT Amritsar held that the reassessment order u/s 147 was invalid due to the absence of a statutory notice u/s 143(2). The non-issuance of the statutory notice u/s 143(2) was deemed an incurable defect, rendering the assessment proceedings legally flawed. Citing the judgments in Hotel Blue Moon and Laxman Das Khandelwal, the tribunal emphasized the mandatory nature of the notice. Referring to cases like Cebon India Ltd. and Punnu Synthetics Private Limited, the tribunal concluded that the assessment order was invalid without the requisite notice. The decision favored the assessee.
The ITAT Amritsar held that the reassessment order u/s 147 was invalid due to the absence of a statutory notice u/s 143(2). The non-issuance of the statutory notice u/s 143(2) was deemed an incurable defect, rendering the assessment proceedings legally flawed. Citing the judgments in Hotel Blue Moon and Laxman Das Khandelwal, the tribunal emphasized the mandatory nature of the notice. Referring to cases like Cebon India Ltd. and Punnu Synthetics Private Limited, the tribunal concluded that the assessment order was invalid without the requisite notice. The decision favored the assessee.
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