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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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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