Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Section 170A(2)(a) confines the Assessing Officer, where assessment was already completed when the modified return was filed, to modifying the income earlier determined so as to give effect to the amalgamation order and the modified return; it does not permit a de novo scrutiny of the entire assessment. Notices issued under sections 143(2) and 142(1) to reopen the full assessment were therefore without jurisdiction and unsustainable. The consequential assessment order was also set aside, and the matter was remitted for a fresh order limited to modification of the completed assessment in accordance with the business reorganization and modified return.
Section 170A(2)(a) confines the Assessing Officer, where assessment was already completed when the modified return was filed, to modifying the income earlier determined so as to give effect to the amalgamation order and the modified return; it does not permit a de novo scrutiny of the entire assessment. Notices issued under sections 143(2) and 142(1) to reopen the full assessment were therefore without jurisdiction and unsustainable. The consequential assessment order was also set aside, and the matter was remitted for a fresh order limited to modification of the completed assessment in accordance with the business reorganization and modified return.
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