Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
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.
Note: It is a system-generated summary and is for quick reference only.