Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
The Income Tax Appellate Tribunal held that the rectification order u/s 154 was invalid due to violation of principles of natural justice, contravention of Section 154(3) provisions, and being barred by limitation. Crucial findings: No evidence of serving notice u/s 154 dated 01.12.2015 to the assessee, violating natural justice by not providing opportunity of being heard. Unexplained inordinate delay of 3 months in serving the rectification order dated 19.03.2018, despite promptly serving the original order u/s 143(3). Absence of evidence establishing the actual passing of order on 19.03.2018, with the ITD database indicating the date as 01.06.2018, rendering it time-barred. Consequently, the Assessing Officer's rectification order u/s 154 was cancelled, and the assessee's appeal was allowed.
The Income Tax Appellate Tribunal held that the rectification order u/s 154 was invalid due to violation of principles of natural justice, contravention of Section 154(3) provisions, and being barred by limitation. Crucial findings: No evidence of serving notice u/s 154 dated 01.12.2015 to the assessee, violating natural justice by not providing opportunity of being heard. Unexplained inordinate delay of 3 months in serving the rectification order dated 19.03.2018, despite promptly serving the original order u/s 143(3). Absence of evidence establishing the actual passing of order on 19.03.2018, with the ITD database indicating the date as 01.06.2018, rendering it time-barred. Consequently, the Assessing Officer's rectification order u/s 154 was cancelled, and the assessee's appeal was allowed.
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