Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
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Filing of Form 1 under IDS 2016, coupled with non-payment of tax/surcharge/penalty, was held to constitute fresh tangible material for A.Y. 2017-18 under s.197(b) of the Finance Act, 2016, so reopening could not be assailed for lack of material. However, reassessment was quashed because the notice u/s 148 was issued by the jurisdictional AO instead of the faceless AO, rendering the notice void. Separately, for a notice issued beyond three years, sanction ought to have been obtained from the specified authority u/s 151(ii); approval from PCIT was held incompetent, vitiating jurisdiction. On merits, in absence of proved service of Form 2, s.197(b) could not be invoked and the s.69A addition was deleted; consequential s.271AAC penalty failed. - ITAT
Filing of Form 1 under IDS 2016, coupled with non-payment of tax/surcharge/penalty, was held to constitute fresh tangible material for A.Y. 2017-18 under s.197(b) of the Finance Act, 2016, so reopening could not be assailed for lack of material. However, reassessment was quashed because the notice u/s 148 was issued by the jurisdictional AO instead of the faceless AO, rendering the notice void. Separately, for a notice issued beyond three years, sanction ought to have been obtained from the specified authority u/s 151(ii); approval from PCIT was held incompetent, vitiating jurisdiction. On merits, in absence of proved service of Form 2, s.197(b) could not be invoked and the s.69A addition was deleted; consequential s.271AAC penalty failed. - ITAT
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