Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
In reassessment proceedings, service of notice under s. 143(2) is a jurisdictional precondition, even where the return is filed beyond the time stipulated in the s. 148 notice, since such return is to be treated as a return under s. 139. Non-service of s. 143(2) is a fatal defect and is not curable under s. 292BB. The matter was remanded to the AO to verify whether s. 143(2) was served on or before completion of assessment; if not served, the reassessment is to be treated as null and void. Appeal partly allowed for statistical purposes. - ITAT
In reassessment proceedings, service of notice under s. 143(2) is a jurisdictional precondition, even where the return is filed beyond the time stipulated in the s. 148 notice, since such return is to be treated as a return under s. 139. Non-service of s. 143(2) is a fatal defect and is not curable under s. 292BB. The matter was remanded to the AO to verify whether s. 143(2) was served on or before completion of assessment; if not served, the reassessment is to be treated as null and void. Appeal partly allowed for statistical purposes. - ITAT
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