Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Reopening of assessment must be confined to the income that formed the assessing officer's belief; other income noticed during reassessment may be assessed only if the originally alleged escaped income remains assessed as escaped. Applying the jurisdictional precedent, where the AO after issuing a notice accepts the returned income on the issue that prompted reopening, the AO cannot independently compute deemed income based on book profit or levy MAT in that reassessment without issuing a fresh notice. Consequently the MAT computation in the reassessment was quashed as beyond the scope of proceedings.
Reopening of assessment must be confined to the income that formed the assessing officer's belief; other income noticed during reassessment may be assessed only if the originally alleged escaped income remains assessed as escaped. Applying the jurisdictional precedent, where the AO after issuing a notice accepts the returned income on the issue that prompted reopening, the AO cannot independently compute deemed income based on book profit or levy MAT in that reassessment without issuing a fresh notice. Consequently the MAT computation in the reassessment was quashed as beyond the scope of proceedings.
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