Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
The Tribunal held that the notice issued u/s 148 by the Jurisdictional Assessing Officer (JAO) was invalid as it should have been issued by the Faceless Assessing Officer (FAO) who conducted the assessment proceedings, relying on the Bombay High Court's decision in Hexaware Technologies Ltd. The reopening was based on incorrect information that the assessee had purchased goods from a Pvt. Ltd. company, whereas the facts revealed that the assessee had sold goods worth Rs. 85,69,197/- to same company. The Tribunal further held that the addition made u/s 68 was unjustified as the assessee had already offered the sales for taxation and had discharged its onus by producing overwhelming evidence of the sales recorded in the books of account. Consequently, the ITAT allowed the assessee's appeal.
The Tribunal held that the notice issued u/s 148 by the Jurisdictional Assessing Officer (JAO) was invalid as it should have been issued by the Faceless Assessing Officer (FAO) who conducted the assessment proceedings, relying on the Bombay High Court's decision in Hexaware Technologies Ltd. The reopening was based on incorrect information that the assessee had purchased goods from a Pvt. Ltd. company, whereas the facts revealed that the assessee had sold goods worth Rs. 85,69,197/- to same company. The Tribunal further held that the addition made u/s 68 was unjustified as the assessee had already offered the sales for taxation and had discharged its onus by producing overwhelming evidence of the sales recorded in the books of account. Consequently, the ITAT allowed the assessee's appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
