International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Where an assessee filed return under the presumptive taxation scheme in section 44AD, which does not require maintenance of books of account, the Pr. CIT could not invoke section 263 to reopen the assessment and treat bank deposits as unexplained under section 68. The Tribunal noted that the Assessing Officer had considered the relevant issues and that the revisional authority merely substituted its own view on further enquiries and third-party evidence. On those facts, the revisional order was found to suffer from lack of jurisdiction and was quashed.
Where an assessee filed return under the presumptive taxation scheme in section 44AD, which does not require maintenance of books of account, the Pr. CIT could not invoke section 263 to reopen the assessment and treat bank deposits as unexplained under section 68. The Tribunal noted that the Assessing Officer had considered the relevant issues and that the revisional authority merely substituted its own view on further enquiries and third-party evidence. On those facts, the revisional order was found to suffer from lack of jurisdiction and was quashed.
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