Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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For search-based jurisdiction under income-tax law, additions in completed or unabated years require incriminating material discovered during the search; absent such material, a 153A assessment cannot be sustained and was quashed for AY 2012-13. Additions made without issuing a specific show-cause notice or affording an opportunity to reconcile seized entries with regular books violate principles of natural justice and are unsustainable. Where seized entries reflect interest receipts/payments and source is explained, taxability must be determined on a net basis as business income; reconciliation-based additions lacking cogent incriminating material were deleted and the CIT(A)'s net-interest approach was sustained.
For search-based jurisdiction under income-tax law, additions in completed or unabated years require incriminating material discovered during the search; absent such material, a 153A assessment cannot be sustained and was quashed for AY 2012-13. Additions made without issuing a specific show-cause notice or affording an opportunity to reconcile seized entries with regular books violate principles of natural justice and are unsustainable. Where seized entries reflect interest receipts/payments and source is explained, taxability must be determined on a net basis as business income; reconciliation-based additions lacking cogent incriminating material were deleted and the CIT(A)'s net-interest approach was sustained.
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