Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Abatement of proceedings on initiation of search is limited to assessments or reassessments that are pending at the time of search; completed and subsisting assessment orders do not abate. However, where a fresh assessment is made under the block-assessment scheme for a year within the block period, the prior completed assessment for that year is rendered infructuous and is treated as re-opened and merged into the subsequent block assessment, so the latter determination governs. The appellate challenge succeeded and the tribunal order was set aside, leaving the Section 153A assessment operative in relation to the disputed loss treatment.
Abatement of proceedings on initiation of search is limited to assessments or reassessments that are pending at the time of search; completed and subsisting assessment orders do not abate. However, where a fresh assessment is made under the block-assessment scheme for a year within the block period, the prior completed assessment for that year is rendered infructuous and is treated as re-opened and merged into the subsequent block assessment, so the latter determination governs. The appellate challenge succeeded and the tribunal order was set aside, leaving the Section 153A assessment operative in relation to the disputed loss treatment.
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