Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
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.
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