Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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Reassessment under section 148 requires prima facie material that can link the assessee to the alleged escaped income; the expressions "relates to" and "pertains to" in Explanation 2 cannot be read in isolation. The revenue must examine seized material with surrounding circumstances and record its relevance to the assessee. Where the relied-upon document is vague, unspecific, names another person, and is connected only by later collateral information, no live nexus is established. In such circumstances, reopening is based on conjecture and is unsustainable, and the reopening notices and consequential assessment orders are liable to be quashed.
Reassessment under section 148 requires prima facie material that can link the assessee to the alleged escaped income; the expressions "relates to" and "pertains to" in Explanation 2 cannot be read in isolation. The revenue must examine seized material with surrounding circumstances and record its relevance to the assessee. Where the relied-upon document is vague, unspecific, names another person, and is connected only by later collateral information, no live nexus is established. In such circumstances, reopening is based on conjecture and is unsustainable, and the reopening notices and consequential assessment orders are liable to be quashed.
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