Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
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The Commissioner (Appeals) lacked power under section 251 to set aside and remit the reassessment orders because the impugned assessments were passed under section 143(3) read with section 147 and section 144B, not under section 144. The statutory power to send a matter back for fresh assessment was available only in a section 144 assessment, so the remand orders were unsustainable. The Tribunal accordingly restored the appeals to the Commissioner (Appeals) for adjudication on merits for both assessment years.
The Commissioner (Appeals) lacked power under section 251 to set aside and remit the reassessment orders because the impugned assessments were passed under section 143(3) read with section 147 and section 144B, not under section 144. The statutory power to send a matter back for fresh assessment was available only in a section 144 assessment, so the remand orders were unsustainable. The Tribunal accordingly restored the appeals to the Commissioner (Appeals) for adjudication on merits for both assessment years.
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