Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Article discusses validity of an income tax assessment and penalty under section 271AAD(1)(i), emphasising that assessments rest on a preponderance of probabilities and are sustained if that standard is met. It notes the assessee failed to obtain or request copies of seized materials forming the basis of the assessment and belatedly sought unnamed cross examination, which the author treats as insufficient to vitiate the process. While writ petitions seeking relief lack merit on those grounds, the impugned orders were quashed and the matter remitted with an opportunity for the assessee to apply for relevant documents and file fresh replies.
Article discusses validity of an income tax assessment and penalty under section 271AAD(1)(i), emphasising that assessments rest on a preponderance of probabilities and are sustained if that standard is met. It notes the assessee failed to obtain or request copies of seized materials forming the basis of the assessment and belatedly sought unnamed cross examination, which the author treats as insufficient to vitiate the process. While writ petitions seeking relief lack merit on those grounds, the impugned orders were quashed and the matter remitted with an opportunity for the assessee to apply for relevant documents and file fresh replies.
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