Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Prior approval for search assessments was treated as a substantive jurisdictional safeguard, so the approving authority had to apply an independent mind to the appraisal report, seized material and assessment records for each year. The ITAT majority found that the Addl. CIT relied only on what the Assessing Officer stated, issued identically worded approvals for multiple years, and did not demonstrate any real examination of the relevant material. Such mechanical and non-speaking approval could not substitute the statutory requirement, and the assessments based on it were held unsustainable and quashed.
Prior approval for search assessments was treated as a substantive jurisdictional safeguard, so the approving authority had to apply an independent mind to the appraisal report, seized material and assessment records for each year. The ITAT majority found that the Addl. CIT relied only on what the Assessing Officer stated, issued identically worded approvals for multiple years, and did not demonstrate any real examination of the relevant material. Such mechanical and non-speaking approval could not substitute the statutory requirement, and the assessments based on it were held unsustainable and quashed.
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