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...
Reopening of assessment under section 147 was quashed because the Assessing Officer lacked tangible information to form a belief that income had escaped assessment; the Tribunal found the AO had misread binding precedent treating amounts under Section 28 of the Land Acquisition Act as accretions to land value (compensation) rather than ordinary 'income from other sources'. The Tribunal also upheld the sanction notation by the Joint Commissioner as valid despite concise wording, finding no absence of application of mind. Result: sanction valid but reopening invalid; appeal allowed.
Reopening of assessment under section 147 was quashed because the Assessing Officer lacked tangible information to form a belief that income had escaped assessment; the Tribunal found the AO had misread binding precedent treating amounts under Section 28 of the Land Acquisition Act as accretions to land value (compensation) rather than ordinary 'income from other sources'. The Tribunal also upheld the sanction notation by the Joint Commissioner as valid despite concise wording, finding no absence of application of mind. Result: sanction valid but reopening invalid; appeal allowed.
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