Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Assessment under section 144 was quashed because the assessing officer omitted the mandatory issuance of the statutory notice under section 143(2) after a return filed in response to a notice under section 142(1); the omission deprived the AO of jurisdiction to frame the assessment, and the return filed by the taxpayer was treated as valid. Consequentially, penalty under the penalty provision for failure to get accounts audited was deleted because the foundational assessment was invalid, applying the maxim Sublato fundamento cadit opus and resulting in allowance of the taxpayer's appeals.
Assessment under section 144 was quashed because the assessing officer omitted the mandatory issuance of the statutory notice under section 143(2) after a return filed in response to a notice under section 142(1); the omission deprived the AO of jurisdiction to frame the assessment, and the return filed by the taxpayer was treated as valid. Consequentially, penalty under the penalty provision for failure to get accounts audited was deleted because the foundational assessment was invalid, applying the maxim Sublato fundamento cadit opus and resulting in allowance of the taxpayer's appeals.
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