Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Prior approval of the specified authority is a condition precedent for issuance of notice under section 148, and where more than three years have elapsed from the end of the relevant assessment year, the approval must come from the authority prescribed under section 151(ii). As the approval for the section 148A(d) order was obtained from the Principal Commissioner instead of the competent authority, the reassessment initiation was jurisdictionally defective. The Tribunal held that this non-compliance vitiated jurisdiction and rendered the notice under section 148 void ab initio. Accordingly, the notice, the consequential reopening proceedings, and the reassessment order were quashed.
Prior approval of the specified authority is a condition precedent for issuance of notice under section 148, and where more than three years have elapsed from the end of the relevant assessment year, the approval must come from the authority prescribed under section 151(ii). As the approval for the section 148A(d) order was obtained from the Principal Commissioner instead of the competent authority, the reassessment initiation was jurisdictionally defective. The Tribunal held that this non-compliance vitiated jurisdiction and rendered the notice under section 148 void ab initio. Accordingly, the notice, the consequential reopening proceedings, and the reassessment order were quashed.
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