Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Reassessment initiation was held invalid because the AO repeatedly re-presented a proposal for sanction under s.151 after initial rejection; the Act confers no power of review on either the AO or the sanctioning authority, rendering the subsequent approval and consequent s.148 proceedings without jurisdiction. The recorded "reasons to believe" were also found unsustainable as the loose papers were misread, contained multiple unrelated names/entities, and lacked any corroborative material linking the assessee to alleged illegal gratification or tender awards by an independent government undertaking; thus the foundational jurisdictional facts were absent. The reopening was quashed and relief granted to the assessee. - HC
Reassessment initiation was held invalid because the AO repeatedly re-presented a proposal for sanction under s.151 after initial rejection; the Act confers no power of review on either the AO or the sanctioning authority, rendering the subsequent approval and consequent s.148 proceedings without jurisdiction. The recorded "reasons to believe" were also found unsustainable as the loose papers were misread, contained multiple unrelated names/entities, and lacked any corroborative material linking the assessee to alleged illegal gratification or tender awards by an independent government undertaking; thus the foundational jurisdictional facts were absent. The reopening was quashed and relief granted to the assessee. - HC
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