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...
Validity of assessment proceedings under section 147 turned on omission to issue statutory notice under section 143(2). The tribunal applied precedent establishing that issuance of notice under section 143(2) is mandatory where the Assessing Officer considers it necessary to verify understatement of income or underpayment of tax, and failure to issue such notice is not a curable procedural irregularity; consequence: assessments completed under section 147 read with section 144 without the mandatory notice are vitiated and the assessment orders are null and void, resulting in decision against the revenue.
Validity of assessment proceedings under section 147 turned on omission to issue statutory notice under section 143(2). The tribunal applied precedent establishing that issuance of notice under section 143(2) is mandatory where the Assessing Officer considers it necessary to verify understatement of income or underpayment of tax, and failure to issue such notice is not a curable procedural irregularity; consequence: assessments completed under section 147 read with section 144 without the mandatory notice are vitiated and the assessment orders are null and void, resulting in decision against the revenue.
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