Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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Dominant issue 1: Whether unexplained "on-money" from sale of units could be added where search produced loose slips but no corroborative evidence. Reasoning: The tribunal applied the principle in Umacharan Shaw that suspicion cannot substitute evidence and found the AO and CIT(A) relied on assumptions without corroboration; consequence-all on-money additions for the two projects were deleted. Dominant issue 2: Whether deemed rent under s.23(5) is exigible for unsold units. Reasoning: s.23(5) mandates deemed rent after two years from building-use permission and contains no carve-out for pre-enactment projects; absence of evidence of actual letting justified estimate; consequence-the deemed rent addition at 3% was sustained and that ground dismissed. - ITAT
Dominant issue 1: Whether unexplained "on-money" from sale of units could be added where search produced loose slips but no corroborative evidence. Reasoning: The tribunal applied the principle in Umacharan Shaw that suspicion cannot substitute evidence and found the AO and CIT(A) relied on assumptions without corroboration; consequence-all on-money additions for the two projects were deleted. Dominant issue 2: Whether deemed rent under s.23(5) is exigible for unsold units. Reasoning: s.23(5) mandates deemed rent after two years from building-use permission and contains no carve-out for pre-enactment projects; absence of evidence of actual letting justified estimate; consequence-the deemed rent addition at 3% was sustained and that ground dismissed. - ITAT
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