Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The ITAT Delhi held that the reopening of assessment u/s 147 was invalid as the JCIT granted approval mechanically without proper application of mind. The JCIT's approval was merely a generic "Yes, I am satisfied" without specific reasoning as required by law. Citing Pioneer Town Planner Pvt. Ltd., it was emphasized that the approval must indicate that it is a fit case for issuing notice u/s 148. The Tribunal found the JCIT's approval to be ritualistic and lacking meaningful consideration, leading to the invalidation of the reassessment proceedings. Referring to Chhugamal Rajpal case, it was highlighted that mechanical approval undermines the safeguards under sections 147 and 151, rendering the notice issued u/s 148 invalid. The decision favored the assessee.
The ITAT Delhi held that the reopening of assessment u/s 147 was invalid as the JCIT granted approval mechanically without proper application of mind. The JCIT's approval was merely a generic "Yes, I am satisfied" without specific reasoning as required by law. Citing Pioneer Town Planner Pvt. Ltd., it was emphasized that the approval must indicate that it is a fit case for issuing notice u/s 148. The Tribunal found the JCIT's approval to be ritualistic and lacking meaningful consideration, leading to the invalidation of the reassessment proceedings. Referring to Chhugamal Rajpal case, it was highlighted that mechanical approval undermines the safeguards under sections 147 and 151, rendering the notice issued u/s 148 invalid. The decision favored the assessee.
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