Capital gains valuation from stamp assessment versus net consideration for residential reinvestment: deemed stamp value replaced for gains but not for...
Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
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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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