Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
The HC quashed reassessment initiated beyond four years from the end of the assessment year because it was based only on material already on record and showed no new tangible material. As the original assessment had been completed under Section 143(3), the first proviso to Section 147 required the Revenue to show that escaped income arose from the assessee's failure to disclose fully and truly all material facts. The recorded reasons contained only a bald assertion and did not identify any such failure. Reopening on the same material after the claim had already been examined was an impermissible change of opinion, so the notice under Section 148, the orders rejecting objections, and all consequential proceedings were set aside.
The HC quashed reassessment initiated beyond four years from the end of the assessment year because it was based only on material already on record and showed no new tangible material. As the original assessment had been completed under Section 143(3), the first proviso to Section 147 required the Revenue to show that escaped income arose from the assessee's failure to disclose fully and truly all material facts. The recorded reasons contained only a bald assertion and did not identify any such failure. Reopening on the same material after the claim had already been examined was an impermissible change of opinion, so the notice under Section 148, the orders rejecting objections, and all consequential proceedings were set aside.
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