Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
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