Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
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When an assessee files additional evidence under the remand...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates remand.
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When an assessee files additional evidence under the remand rules, the appellate authority must seek and await a meaningful remand report from the assessing officer; merely sending portal reminders and then admitting and deciding on that evidence without the AO's views violates natural justice and undermines proper best-judgment assessments. The appellate authority's routine, non-specific requisitioning is inadequate; a clear, detailed letter and sufficient time are required to enable effective examination and comment. Result: the impugned appellate order deleting additions was set aside and the matter remanded for a fresh remand report with an opportunity of about four months to the AO.
When an assessee files additional evidence under the remand rules, the appellate authority must seek and await a meaningful remand report from the assessing officer; merely sending portal reminders and then admitting and deciding on that evidence without the AO's views violates natural justice and undermines proper best-judgment assessments. The appellate authority's routine, non-specific requisitioning is inadequate; a clear, detailed letter and sufficient time are required to enable effective examination and comment. Result: the impugned appellate order deleting additions was set aside and the matter remanded for a fresh remand report with an opportunity of about four months to the AO.
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