Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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The amended reassessment regime requires exclusion of the period covered by deemed Section 148A proceedings, including the time taken to supply information and the assessee's response period, when computing limitation. Applying Ashish Agarwal, Rajeev Bansal and the limitation-extension principles recognised in TOLA/Cognizance, the Court treated the earlier notice as a deemed Section 148A(b) notice and found the Section 148A(d) order and consequential Section 148 notice issued on 30.07.2022 to be within time. On sanction, Section 151 as amended from 01.04.2021 permits approval by any authority named in clause (ii) after three years from the end of the assessment year, so approval by the Director General was sufficient.
The amended reassessment regime requires exclusion of the period covered by deemed Section 148A proceedings, including the time taken to supply information and the assessee's response period, when computing limitation. Applying Ashish Agarwal, Rajeev Bansal and the limitation-extension principles recognised in TOLA/Cognizance, the Court treated the earlier notice as a deemed Section 148A(b) notice and found the Section 148A(d) order and consequential Section 148 notice issued on 30.07.2022 to be within time. On sanction, Section 151 as amended from 01.04.2021 permits approval by any authority named in clause (ii) after three years from the end of the assessment year, so approval by the Director General was sufficient.
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