Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
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Reopening of assessment was challenged on the ground that the assessing officer recorded the taxpayer's reply verbatim but furnished no reasons or consideration linking the proposition to the conclusion; the absence of any explanation that the assessee remained a "Non Filer" despite evidence of filing amounted to non application of mind. The legal principle emphasised is that reasons are live links between proposition and conclusion and their absence vitiates the reassessment process. Consequentially, the impugned order and the reassessment notice issued under the relevant provision were set aside as unsustainable under Article 226 and the assessee's appeal allowed.
Reopening of assessment was challenged on the ground that the assessing officer recorded the taxpayer's reply verbatim but furnished no reasons or consideration linking the proposition to the conclusion; the absence of any explanation that the assessee remained a "Non Filer" despite evidence of filing amounted to non application of mind. The legal principle emphasised is that reasons are live links between proposition and conclusion and their absence vitiates the reassessment process. Consequentially, the impugned order and the reassessment notice issued under the relevant provision were set aside as unsustainable under Article 226 and the assessee's appeal allowed.
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