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...
Authorities disallowed purchases as 'bogus' on the premise that the assessee failed to prove genuineness, but ignored extensive documentary material (confirmations, bills, lorry receipts, ledgers, bank statements, returns and accounts) filed during assessment. The decision emphasises that where authorities record a factual finding of non-production yet fail to consider or verify available documents, the audi alteram partem principle and statutory duty to evaluate submissions are breached; accordingly the impugned disallowance cannot stand and the addition was set aside and deleted for want of proper verification and consideration.
Authorities disallowed purchases as 'bogus' on the premise that the assessee failed to prove genuineness, but ignored extensive documentary material (confirmations, bills, lorry receipts, ledgers, bank statements, returns and accounts) filed during assessment. The decision emphasises that where authorities record a factual finding of non-production yet fail to consider or verify available documents, the audi alteram partem principle and statutory duty to evaluate submissions are breached; accordingly the impugned disallowance cannot stand and the addition was set aside and deleted for want of proper verification and consideration.
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