Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The High Court quashed the reassessment order due to procedural defects. The Assessing Officer failed to dispose of the assessee's objections through a speaking order after issuing notice u/s 147, violating principles established in GKN Driveshafts case. The court rejected the department's attempt to rely on reasons mentioned in the approval granted u/s 151, as it was impermissible after passing the assessment order. The Assessing Officer adopted different approaches, furnishing different reasons to the assessee and Joint Commissioner, and proceeded without disposing of objections, acting against revenue's interest. The court questioned the Assessing Officer's reckless actions leading to potential revenue loss and sought scrutiny of such officers' performance by higher authorities.
The High Court quashed the reassessment order due to procedural defects. The Assessing Officer failed to dispose of the assessee's objections through a speaking order after issuing notice u/s 147, violating principles established in GKN Driveshafts case. The court rejected the department's attempt to rely on reasons mentioned in the approval granted u/s 151, as it was impermissible after passing the assessment order. The Assessing Officer adopted different approaches, furnishing different reasons to the assessee and Joint Commissioner, and proceeded without disposing of objections, acting against revenue's interest. The court questioned the Assessing Officer's reckless actions leading to potential revenue loss and sought scrutiny of such officers' performance by higher authorities.
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