International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Reassessment under section 147 cannot be sustained where the income forming the recorded basis for reopening is not ultimately added. The Tribunal applied the binding principle that "and also" is conjunctive, so the Assessing Officer must first assess or reassess the escaped income identified in the recorded reasons before bringing in any other issue. Here, the reopening was based solely on alleged unexplained cash deposits during the demonetisation period, but that issue did not survive in reassessment. The resulting disallowance of interest expenditure on a different footing was therefore held to be unsustainable and deleted.
Reassessment under section 147 cannot be sustained where the income forming the recorded basis for reopening is not ultimately added. The Tribunal applied the binding principle that "and also" is conjunctive, so the Assessing Officer must first assess or reassess the escaped income identified in the recorded reasons before bringing in any other issue. Here, the reopening was based solely on alleged unexplained cash deposits during the demonetisation period, but that issue did not survive in reassessment. The resulting disallowance of interest expenditure on a different footing was therefore held to be unsustainable and deleted.
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