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...
Addition for alleged non genuine accommodation entries was treated as unexplained money and deleted on appeal after the appellate forum found the assessing officer's reliance on statements and investigative inputs unsustainable; the deletion was accepted by NFAC. Reopening of assessment was held invalid because the reasons relied solely on the Investigation Wing report without independent application of mind by the AO (borrowed satisfaction), so reassessment proceedings were quashed. Reopening beyond the four year period also failed because the assessee had fully and truly disclosed material facts at original assessment, negating the proviso trigger for reassessment.
Addition for alleged non genuine accommodation entries was treated as unexplained money and deleted on appeal after the appellate forum found the assessing officer's reliance on statements and investigative inputs unsustainable; the deletion was accepted by NFAC. Reopening of assessment was held invalid because the reasons relied solely on the Investigation Wing report without independent application of mind by the AO (borrowed satisfaction), so reassessment proceedings were quashed. Reopening beyond the four year period also failed because the assessee had fully and truly disclosed material facts at original assessment, negating the proviso trigger for reassessment.
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