Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Reopening based on information from the Investigation Wing was invalid because the recorded reasons showed only suspicion and a request for scrutiny, not an independent reason to believe that income had escaped assessment. The Tribunal held that borrowed satisfaction, without the Assessing Officer's own enquiry or a live link between material and escapement, could not sustain reassessment. It also held that assessment could not stand because no valid notice under section 143(2) was issued for the relevant assessment year; a notice for a different year was not a curable typographical error. The reassessment and assessment order were quashed and the appeal was allowed.
Reopening based on information from the Investigation Wing was invalid because the recorded reasons showed only suspicion and a request for scrutiny, not an independent reason to believe that income had escaped assessment. The Tribunal held that borrowed satisfaction, without the Assessing Officer's own enquiry or a live link between material and escapement, could not sustain reassessment. It also held that assessment could not stand because no valid notice under section 143(2) was issued for the relevant assessment year; a notice for a different year was not a curable typographical error. The reassessment and assessment order were quashed and the appeal was allowed.
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