Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
An appellate authority cannot grant relief on the basis of fresh evidence without following Rule 46A(3), including seeking a remand report from the AO. Here, the assessee's claim that the provision for expenses matched invoices received in the next year was not supported by the material on record before the AO, and complete expenditure details were also missing. The ITAT therefore set aside the deletion of the disallowance and restored the matter to the jurisdictional AO for fresh verification of the provision, the subsequent invoices, and the supporting evidence after giving the assessee an opportunity to produce complete details.
An appellate authority cannot grant relief on the basis of fresh evidence without following Rule 46A(3), including seeking a remand report from the AO. Here, the assessee's claim that the provision for expenses matched invoices received in the next year was not supported by the material on record before the AO, and complete expenditure details were also missing. The ITAT therefore set aside the deletion of the disallowance and restored the matter to the jurisdictional AO for fresh verification of the provision, the subsequent invoices, and the supporting evidence after giving the assessee an opportunity to produce complete details.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
