Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Prior intimation under the first proviso to section 143(1)(a) is mandatory before making a proposed adjustment to deny a claimed concessional tax rate under section 115BAB. Where the CPC disallowed the concessional rate and applied the normal rate without first issuing intimation and considering the assessee's response, the adjustment was treated as invalid in law. The Tribunal also noted that, because the statutory time limit for issuing a fresh intimation had expired for the relevant assessment year, no liberty could be granted to restart the processing. The consequential intimation, rectification order, and appellate order were set aside.
Prior intimation under the first proviso to section 143(1)(a) is mandatory before making a proposed adjustment to deny a claimed concessional tax rate under section 115BAB. Where the CPC disallowed the concessional rate and applied the normal rate without first issuing intimation and considering the assessee's response, the adjustment was treated as invalid in law. The Tribunal also noted that, because the statutory time limit for issuing a fresh intimation had expired for the relevant assessment year, no liberty could be granted to restart the processing. The consequential intimation, rectification order, and appellate order were set aside.
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