Validity of faceless assessment procedure challenged for jurisdictional AO intervention mid-remand, resulting in quashing of assessment for procedural...
Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
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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