Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The High Court held that the Assessing Officer (AO) lacked jurisdiction to initiate proceedings u/s 153C of the Income Tax Act, as the necessary threshold condition of receiving books of accounts or material from the AO of the searched person was not met. However, the AO was not precluded from initiating proceedings u/s 148A based on the information available through the insight portal, suggesting that the assessee's income had escaped assessment for the relevant assessment year. The case was covered by the Supreme Court's decision in Principal Commissioner of Income Tax v. Abhisar Buildwell (P.) Ltd., which addressed the jurisdictional condition for invoking Section 153C. Additionally, the question of whether Section 153C precludes reopening assessments u/s 147/148 based on information found during a search or requisition concerning another person was also addressed against the petitioner.
The High Court held that the Assessing Officer (AO) lacked jurisdiction to initiate proceedings u/s 153C of the Income Tax Act, as the necessary threshold condition of receiving books of accounts or material from the AO of the searched person was not met. However, the AO was not precluded from initiating proceedings u/s 148A based on the information available through the insight portal, suggesting that the assessee's income had escaped assessment for the relevant assessment year. The case was covered by the Supreme Court's decision in Principal Commissioner of Income Tax v. Abhisar Buildwell (P.) Ltd., which addressed the jurisdictional condition for invoking Section 153C. Additionally, the question of whether Section 153C precludes reopening assessments u/s 147/148 based on information found during a search or requisition concerning another person was also addressed against the petitioner.
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