Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
The ITAT quashed the assessment framed by the AO under section 143(3) as being void ab initio because it was predicated on a notice issued under section 143(2) that did not conform to the CBDT-prescribed format. Relying on relevant precedents, the Tribunal held the defective 143(2) notice-specifying only "computer aided scrutiny selection" without indicating limited or complete scrutiny or mandatory manual review-vitiated the consequent assessment proceedings. The appellate order allows the assessee's additional ground, sets aside the assessment dated 30.12.2019, and directs that any future proceedings comply strictly with statutory and CBDT procedural requirements.
The ITAT quashed the assessment framed by the AO under section 143(3) as being void ab initio because it was predicated on a notice issued under section 143(2) that did not conform to the CBDT-prescribed format. Relying on relevant precedents, the Tribunal held the defective 143(2) notice-specifying only "computer aided scrutiny selection" without indicating limited or complete scrutiny or mandatory manual review-vitiated the consequent assessment proceedings. The appellate order allows the assessee's additional ground, sets aside the assessment dated 30.12.2019, and directs that any future proceedings comply strictly with statutory and CBDT procedural requirements.
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