Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The High Court addressed the issue of reopening assessment u/s 147 and the time limit for notice u/s 149. The petitioner received a notice u/s 153C after a search operation in 2019, leading to an assessment order in 2023. The petitioner had appealed successfully against disallowances u/s 40(a)(ia) in the original assessment u/s 143(3). A subsequent notice u/s 148 related to a search in 2022, limited to AY 2014-15 per Section 149(1) proviso. Referring to Filatex India Ltd. and Ojjus Medicare Pvt. Ltd., the Court found AY 2013-14 outside the ten-year block period u/s 153C and 153A, making the notice unsustainable.
The High Court addressed the issue of reopening assessment u/s 147 and the time limit for notice u/s 149. The petitioner received a notice u/s 153C after a search operation in 2019, leading to an assessment order in 2023. The petitioner had appealed successfully against disallowances u/s 40(a)(ia) in the original assessment u/s 143(3). A subsequent notice u/s 148 related to a search in 2022, limited to AY 2014-15 per Section 149(1) proviso. Referring to Filatex India Ltd. and Ojjus Medicare Pvt. Ltd., the Court found AY 2013-14 outside the ten-year block period u/s 153C and 153A, making the notice unsustainable.
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