Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
The High Court held that the reopening proceedings were invalid as the Assessing Officer (AO) lacked "reasons to believe" supported by fresh tangible material. The AO's basis for reopening did not show any failure by the assessee to fully disclose material facts. The assessment order u/s 143(3) only addressed excess depreciation claimed on a specific issue, indicating that the AO had already considered and made adjustments on this matter. Consequently, the notice issued u/s 148 was deemed untenable and was quashed in favor of the assessee.
The High Court held that the reopening proceedings were invalid as the Assessing Officer (AO) lacked "reasons to believe" supported by fresh tangible material. The AO's basis for reopening did not show any failure by the assessee to fully disclose material facts. The assessment order u/s 143(3) only addressed excess depreciation claimed on a specific issue, indicating that the AO had already considered and made adjustments on this matter. Consequently, the notice issued u/s 148 was deemed untenable and was quashed in favor of the assessee.
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