Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Validity of reassessment framed by an AO who assumed jurisdiction after transfer of the case without a statutory transfer order under s.127 of the Act was in issue. Since jurisdiction cannot be shifted suo motu by an AO and must be transferred only through a written order by the competent authority specified in s.127, the absence of any such order vitiated the very foundation of the proceedings. Consequently, the reassessment/assessment order passed under ss.147 r/w 143(3) by the transferee AO was held to be without jurisdiction and was quashed, rendering merits grounds academic. - ITAT
Validity of reassessment framed by an AO who assumed jurisdiction after transfer of the case without a statutory transfer order under s.127 of the Act was in issue. Since jurisdiction cannot be shifted suo motu by an AO and must be transferred only through a written order by the competent authority specified in s.127, the absence of any such order vitiated the very foundation of the proceedings. Consequently, the reassessment/assessment order passed under ss.147 r/w 143(3) by the transferee AO was held to be without jurisdiction and was quashed, rendering merits grounds academic. - ITAT
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