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 ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The Appellate Tribunal considered a case involving a revision u/s 263, where the Commissioner contended that the Assessing Officer did not adequately inquire into Long Term Capital Gain Exemptions u/s 54. The Tribunal found that the Assessing Officer had indeed examined the deduction u/s 54 and addressed the concerns raised, ultimately allowing the claim. The Commissioner did not identify any specific errors in the AO's actions, merely suggesting a need for further investigation without pinpointing any missed inquiries. The Tribunal concluded that the AO had taken a reasonable view during assessment, with no demonstrated errors by the revenue. As none of the conditions for revision u/s 263 were met, the order was not deemed erroneous or prejudicial to revenue, resulting in the appeal by the assessee being allowed.
The Appellate Tribunal considered a case involving a revision u/s 263, where the Commissioner contended that the Assessing Officer did not adequately inquire into Long Term Capital Gain Exemptions u/s 54. The Tribunal found that the Assessing Officer had indeed examined the deduction u/s 54 and addressed the concerns raised, ultimately allowing the claim. The Commissioner did not identify any specific errors in the AO's actions, merely suggesting a need for further investigation without pinpointing any missed inquiries. The Tribunal concluded that the AO had taken a reasonable view during assessment, with no demonstrated errors by the revenue. As none of the conditions for revision u/s 263 were met, the order was not deemed erroneous or prejudicial to revenue, resulting in the appeal by the assessee being allowed.
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