Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
ITAT held that the assessment framed u/s 153A was invalid as the alleged incriminating material, in the form of a statement recorded u/s 132(4), was obtained during search on a third party and not from the possession of the assessee. Such material, if construed as belonging or pertaining to a person other than the searched party, could only be used by invoking s.153C after proper satisfaction and transmission to the AO having jurisdiction over that other person. The mandatory procedure under s.153C was not followed, and the assessee was not afforded an opportunity to cross-examine the third-party witness. Consequently, the additions made under s.153A were held unsustainable and the assessee's appeal was allowed in full.
ITAT held that the assessment framed u/s 153A was invalid as the alleged incriminating material, in the form of a statement recorded u/s 132(4), was obtained during search on a third party and not from the possession of the assessee. Such material, if construed as belonging or pertaining to a person other than the searched party, could only be used by invoking s.153C after proper satisfaction and transmission to the AO having jurisdiction over that other person. The mandatory procedure under s.153C was not followed, and the assessee was not afforded an opportunity to cross-examine the third-party witness. Consequently, the additions made under s.153A were held unsustainable and the assessee's appeal was allowed in full.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
