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...
Reassessment is invalid where the Assessing Officer furnishes reopening reasons but fails to dispose of the assessee's objections by a speaking order before completing reassessment. Applying the procedure in GKN Driveshafts and the jurisdictional High Court ruling in Hewlett Packard Financial Services, the Tribunal held that such disposal is mandatory. As the later objections challenging the reopening were never addressed, the notice under section 148 and the reassessment order under sections 143 read with 147 could not survive and were set aside.
Reassessment is invalid where the Assessing Officer furnishes reopening reasons but fails to dispose of the assessee's objections by a speaking order before completing reassessment. Applying the procedure in GKN Driveshafts and the jurisdictional High Court ruling in Hewlett Packard Financial Services, the Tribunal held that such disposal is mandatory. As the later objections challenging the reopening were never addressed, the notice under section 148 and the reassessment order under sections 143 read with 147 could not survive and were set aside.
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