Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
An assessment order rejecting input tax credit under Section 74 was quashed because the petitioner was not afforded a proper personal hearing and the show cause notice was found to be vague. The Court accepted that the authorised representative had been sent to another officer for document verification rather than being effectively heard, and held that one more meaningful opportunity of hearing was required. It also held that the notice did not sufficiently disclose the specific allegations later relied on in the order, impairing the petitioner's ability to respond. The matter was remitted for fresh consideration after hearing the petitioner and permitting additional documents.
An assessment order rejecting input tax credit under Section 74 was quashed because the petitioner was not afforded a proper personal hearing and the show cause notice was found to be vague. The Court accepted that the authorised representative had been sent to another officer for document verification rather than being effectively heard, and held that one more meaningful opportunity of hearing was required. It also held that the notice did not sufficiently disclose the specific allegations later relied on in the order, impairing the petitioner's ability to respond. The matter was remitted for fresh consideration after hearing the petitioner and permitting additional documents.
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