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...
Mandatory compliance with section 144C was violated where the Assessing Officer issued a so-called draft assessment order while already determining taxable income and tax payable, issuing a demand notice and initiating penalty proceedings. The Tribunal held that these steps could occur only after a final assessment order, so the document was in substance a final order passed without the required draft procedure. This was a jurisdictional defect, not a mere procedural irregularity, and section 292B could not cure it. The final assessment order, demand notice and penalty notice were therefore quashed, and the assessee's cross objection was allowed.
Mandatory compliance with section 144C was violated where the Assessing Officer issued a so-called draft assessment order while already determining taxable income and tax payable, issuing a demand notice and initiating penalty proceedings. The Tribunal held that these steps could occur only after a final assessment order, so the document was in substance a final order passed without the required draft procedure. This was a jurisdictional defect, not a mere procedural irregularity, and section 292B could not cure it. The final assessment order, demand notice and penalty notice were therefore quashed, and the assessee's cross objection was allowed.
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