Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
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