Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
HC held that reassessment based on an undated third-party complaint and other unverified material could not be sustained where there was no direct nexus with the assessee. The complaint was not authenticated, its author was not examined, and no further investigation linked the petitioner to any alleged cash transaction. The statements later recorded and the image of the cash receipt also failed to show any transaction by or with the petitioner. Reopening founded on conjectures and surmises was therefore unsustainable, and the reassessment notices and the order under section 148A(3) were quashed.
HC held that reassessment based on an undated third-party complaint and other unverified material could not be sustained where there was no direct nexus with the assessee. The complaint was not authenticated, its author was not examined, and no further investigation linked the petitioner to any alleged cash transaction. The statements later recorded and the image of the cash receipt also failed to show any transaction by or with the petitioner. Reopening founded on conjectures and surmises was therefore unsustainable, and the reassessment notices and the order under section 148A(3) were quashed.
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