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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 case pertains to the rectification of a mistake and reopening of assessment u/s 147 versus assessment u/s 153C. The information or seized document belonging to the assessee was found at the searched person's place. The authorized representative mentioned that the Tribunal did not consider judicial decisions and dismissed the additional ground of appeal, upholding the CIT(A)'s decision on the validity of reassessment proceedings u/s 147. The ITAT supported its view relying on the Supreme Court's decision in Honda Siel Power Productions Ltd., where the Tribunal's rectification application was allowed as it had missed considering a precedent judgment while dismissing the appeal on enhanced depreciation u/s 43A. The ITAT held that non-consideration of cited judicial decisions is a mistake apparent from the record. Accordingly, in the interest of natural justice, the Tribunal recalled its order and directed the registry to post the appeal for regular hearing and inform the parties.
The case pertains to the rectification of a mistake and reopening of assessment u/s 147 versus assessment u/s 153C. The information or seized document belonging to the assessee was found at the searched person's place. The authorized representative mentioned that the Tribunal did not consider judicial decisions and dismissed the additional ground of appeal, upholding the CIT(A)'s decision on the validity of reassessment proceedings u/s 147. The ITAT supported its view relying on the Supreme Court's decision in Honda Siel Power Productions Ltd., where the Tribunal's rectification application was allowed as it had missed considering a precedent judgment while dismissing the appeal on enhanced depreciation u/s 43A. The ITAT held that non-consideration of cited judicial decisions is a mistake apparent from the record. Accordingly, in the interest of natural justice, the Tribunal recalled its order and directed the registry to post the appeal for regular hearing and inform the parties.
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