Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Invocation of the tax search-transfer provision cannot rest on material obtained from public-domain sources or other external records that were not part of the seized documents; reliance on such material defeats the required nexus to seized incriminating material and renders jurisdictional exercise invalid. Where incriminating material "relating to" a third person is transmitted, it is mandatory that the Assessing Officer of the searched person record and communicate a satisfaction note before the jurisdictional Assessing Officer may proceed; proceedings initiated without that satisfaction note are without jurisdiction and unsustainable. Notices founded on external/public material or lacking the mandatory satisfaction note were quashed.
Invocation of the tax search-transfer provision cannot rest on material obtained from public-domain sources or other external records that were not part of the seized documents; reliance on such material defeats the required nexus to seized incriminating material and renders jurisdictional exercise invalid. Where incriminating material "relating to" a third person is transmitted, it is mandatory that the Assessing Officer of the searched person record and communicate a satisfaction note before the jurisdictional Assessing Officer may proceed; proceedings initiated without that satisfaction note are without jurisdiction and unsustainable. Notices founded on external/public material or lacking the mandatory satisfaction note were quashed.
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