Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
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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