Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
A scrutiny assessment was held invalid because the section 143(2) notice was issued by an officer lacking pecuniary jurisdiction under CBDT Instruction No. 1/2011. The return disclosed a loss above the limit assigned to the Income Tax Officer for metro charges, so jurisdiction vested in the Deputy Commissioner and not the ITO who issued the notice. The Tribunal treated the section 143(2) notice requirement as mandatory, not a curable procedural defect, and quashed the resulting assessment.
A scrutiny assessment was held invalid because the section 143(2) notice was issued by an officer lacking pecuniary jurisdiction under CBDT Instruction No. 1/2011. The return disclosed a loss above the limit assigned to the Income Tax Officer for metro charges, so jurisdiction vested in the Deputy Commissioner and not the ITO who issued the notice. The Tribunal treated the section 143(2) notice requirement as mandatory, not a curable procedural defect, and quashed the resulting assessment.
Note: It is a system-generated summary and is for quick reference only.