Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Section 143(1)(a) permits only summary adjustments apparent from the return, not resolution of a debatable deduction issue. On the date of intimation, whether employees' contribution to ESI and EPF deposited after the due date under the labour laws but before filing the return was allowable was already subject to conflicting judicial views. The disclosed delay in the audit report did not make the disallowance self-evident, and the Assessing Officer could not treat the claim as a prima facie adjustment. The intimation and appellate orders were set aside, with liberty to the Revenue to proceed by regular assessment in accordance with law.
Section 143(1)(a) permits only summary adjustments apparent from the return, not resolution of a debatable deduction issue. On the date of intimation, whether employees' contribution to ESI and EPF deposited after the due date under the labour laws but before filing the return was allowable was already subject to conflicting judicial views. The disclosed delay in the audit report did not make the disallowance self-evident, and the Assessing Officer could not treat the claim as a prima facie adjustment. The intimation and appellate orders were set aside, with liberty to the Revenue to proceed by regular assessment in accordance with law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
