Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Revision under section 263 was challenged on grounds that the assessing officer erred by accepting a registered valuer's report without referral to the Departmental Valuation Officer; the Tribunal found the AO had applied his mind, examined and verified valuation and adopted a tenable view, so the Pr. CIT's contrary opinion amounted to a post-view. Applying the twin-condition test, the Tribunal held lack of referral or disagreement with the valuer did not establish the assessment was erroneous in law, and therefore the requirements for revision were not satisfied; Pr. CIT's revision order was set aside and the assessment upheld.
Revision under section 263 was challenged on grounds that the assessing officer erred by accepting a registered valuer's report without referral to the Departmental Valuation Officer; the Tribunal found the AO had applied his mind, examined and verified valuation and adopted a tenable view, so the Pr. CIT's contrary opinion amounted to a post-view. Applying the twin-condition test, the Tribunal held lack of referral or disagreement with the valuer did not establish the assessment was erroneous in law, and therefore the requirements for revision were not satisfied; Pr. CIT's revision order was set aside and the assessment upheld.
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