Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
The ITAT held that the assessment framed by the ITO-2(1), Raipur under section 143(3) was without valid jurisdiction as no valid transfer order under section 127 was passed by the competent authority. The notice under section 143(2) was issued by ITO-1(1), Raipur, creating ambiguity and denying the assessee a fair opportunity to defend. The Tribunal emphasized that any ambiguity in hearing notices preventing effective defense renders the proceedings arbitrary and invalid. Consequently, the assessment order dated 28.12.2019 was quashed for lack of jurisdiction and non-compliance with statutory requirements. The assessee's appeal was allowed.
The ITAT held that the assessment framed by the ITO-2(1), Raipur under section 143(3) was without valid jurisdiction as no valid transfer order under section 127 was passed by the competent authority. The notice under section 143(2) was issued by ITO-1(1), Raipur, creating ambiguity and denying the assessee a fair opportunity to defend. The Tribunal emphasized that any ambiguity in hearing notices preventing effective defense renders the proceedings arbitrary and invalid. Consequently, the assessment order dated 28.12.2019 was quashed for lack of jurisdiction and non-compliance with statutory requirements. The assessee's appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
