Preliminary reassessment proceedings generally require statutory remedies unless jurisdiction is wholly absent or mandatory conditions are patently br...
Agricultural land classification requires cumulative factual indicators, while industrial-purpose land and absent agricultural use defeat reinvestment...
After admitting an additional ground for deduction under section 32AC, the ITAT held that the appellate authority had to decide the claim on merits and could not refuse it merely because it was raised belatedly or on conduct-based objections already waived at admission. It further held that Goetz India Ltd. did not limit the appellate authority's power to entertain a fresh statutory claim supported by documents and capable of verification. However, because the remand report did not clearly confirm that the assets were new plant and machinery or that all statutory conditions were met, the matter was remanded to the Assessing Officer for fresh examination.
After admitting an additional ground for deduction under section 32AC, the ITAT held that the appellate authority had to decide the claim on merits and could not refuse it merely because it was raised belatedly or on conduct-based objections already waived at admission. It further held that Goetz India Ltd. did not limit the appellate authority's power to entertain a fresh statutory claim supported by documents and capable of verification. However, because the remand report did not clearly confirm that the assets were new plant and machinery or that all statutory conditions were met, the matter was remanded to the Assessing Officer for fresh examination.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
