Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Reopening under s.147 was upheld as the AO recorded that the assessee had failed to fully and truly disclose material facts necessary for assessment, and the matters forming the basis of reassessment had not been examined in the earlier s.143(3) proceedings; hence, the reassessment was not a mere change of opinion and the jurisdictional condition of "reasons to believe" was satisfied, resulting in rejection of the challenge to reopening. The CIT(A)'s remand for de novo assessment was sustained because the assessment had been framed without reasons due to alleged non-compliance with notices, and the assessee demonstrated illness as cause; the CIT(A) validly exercised powers under s.251(1)(a), leading to dismissal of the appeal ground. - ITAT
Reopening under s.147 was upheld as the AO recorded that the assessee had failed to fully and truly disclose material facts necessary for assessment, and the matters forming the basis of reassessment had not been examined in the earlier s.143(3) proceedings; hence, the reassessment was not a mere change of opinion and the jurisdictional condition of "reasons to believe" was satisfied, resulting in rejection of the challenge to reopening. The CIT(A)'s remand for de novo assessment was sustained because the assessment had been framed without reasons due to alleged non-compliance with notices, and the assessee demonstrated illness as cause; the CIT(A) validly exercised powers under s.251(1)(a), leading to dismissal of the appeal ground. - ITAT
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