Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
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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