Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
