Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The CIT(A) has wide powers akin to reassessment. Once an assessment order is before CIT(A), its powers are not restricted to examining only grievances raised by the assessee but extend to the entire assessment to correct the AO. Under sec 250(4), CIT(A) can make further enquiries, fresh assessments and determine tax payability. Even if AO concluded income is non-taxable, CIT(A) can take a different view and bring that income to tax. Relying on Supreme Court decisions, ITAT held that the appellate authority has all original authority's powers, subject to statutory restrictions. Allowing the appeal for statistical purposes, ITAT emphasised the need for thorough and compliant adjudication.
The CIT(A) has wide powers akin to reassessment. Once an assessment order is before CIT(A), its powers are not restricted to examining only grievances raised by the assessee but extend to the entire assessment to correct the AO. Under sec 250(4), CIT(A) can make further enquiries, fresh assessments and determine tax payability. Even if AO concluded income is non-taxable, CIT(A) can take a different view and bring that income to tax. Relying on Supreme Court decisions, ITAT held that the appellate authority has all original authority's powers, subject to statutory restrictions. Allowing the appeal for statistical purposes, ITAT emphasised the need for thorough and compliant adjudication.
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