Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The Appellate Tribunal addressed the issue of notice u/s 143(2) issued by a non-jurisdictional AO. The initial notice was issued by an ITO who did not have valid jurisdiction over the case due to the income threshold. The subsequent assessment order by DCIT, based on the invalid notice, was deemed unsustainable. The objection period for jurisdiction was analyzed, citing a relevant case. The Tribunal concluded that the assessment order by DCIT, relying on the improper notice, must be quashed. The appeal of the assessee was allowed.
The Appellate Tribunal addressed the issue of notice u/s 143(2) issued by a non-jurisdictional AO. The initial notice was issued by an ITO who did not have valid jurisdiction over the case due to the income threshold. The subsequent assessment order by DCIT, based on the invalid notice, was deemed unsustainable. The objection period for jurisdiction was analyzed, citing a relevant case. The Tribunal concluded that the assessment order by DCIT, relying on the improper notice, must be quashed. The appeal of the assessee was allowed.
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