Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
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...
Once the principal grounds on which reassessment was proposed are dropped, no further additions can be made even by taking recourse to Explanation 3. There is an indelible connection between Section 148A(b) and Section 148A(d) of the Act, which is not impacted by Explanation 3. The validity of initiation of reassessment must be independently evaluated and cannot be confused with the power ultimately available to the Assessing Officer once an assessment has been validly reopened. Explanation 3 comes into play only after it is found that the power to reassess has been validly invoked. It cannot be read as enabling the Assessing Officer to deviate from the original reasons for initiating action u/s 147/148, nor can it empower the officer to improve upon, supplement or supplant those reasons. Therefore, once the issue which formed the subject matter of the notice u/s 148 was dropped, no further additions could have been made thereafter.
Once the principal grounds on which reassessment was proposed are dropped, no further additions can be made even by taking recourse to Explanation 3. There is an indelible connection between Section 148A(b) and Section 148A(d) of the Act, which is not impacted by Explanation 3. The validity of initiation of reassessment must be independently evaluated and cannot be confused with the power ultimately available to the Assessing Officer once an assessment has been validly reopened. Explanation 3 comes into play only after it is found that the power to reassess has been validly invoked. It cannot be read as enabling the Assessing Officer to deviate from the original reasons for initiating action u/s 147/148, nor can it empower the officer to improve upon, supplement or supplant those reasons. Therefore, once the issue which formed the subject matter of the notice u/s 148 was dropped, no further additions could have been made thereafter.
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