Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Reassessment based on an audit objection was quashed where the same CSR-related deduction under Section 80G had already been specifically examined in the original assessment. The Court held that the assessing officer had raised queries, received replies and supporting documents, and substantially allowed the claim earlier, so reopening on the same record amounted to a mere change of opinion. It reaffirmed that reassessment under Sections 147 and 148 cannot be used as a power of review or to re-examine material already considered. The notices under Section 148A(b), the order under Section 148A(d), and the notice under Section 148 were therefore set aside, while all other grounds were left open.
Reassessment based on an audit objection was quashed where the same CSR-related deduction under Section 80G had already been specifically examined in the original assessment. The Court held that the assessing officer had raised queries, received replies and supporting documents, and substantially allowed the claim earlier, so reopening on the same record amounted to a mere change of opinion. It reaffirmed that reassessment under Sections 147 and 148 cannot be used as a power of review or to re-examine material already considered. The notices under Section 148A(b), the order under Section 148A(d), and the notice under Section 148 were therefore set aside, while all other grounds were left open.
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