Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Where reassessment was based entirely on seized material found during search on a third party, section 153C was the proper mechanism because it specifically governs assessment of a person other than the searched person on the basis of such material; recourse to section 147 was held impermissible and the section 148 notices were quashed. The reassessment also failed because the Assessing Officer had not made any independent enquiry or formed his own satisfaction, and had acted only on information from the Investigation Wing. On both grounds, the reassessment proceedings for the relevant assessment years were held to be without jurisdiction and were quashed.
Where reassessment was based entirely on seized material found during search on a third party, section 153C was the proper mechanism because it specifically governs assessment of a person other than the searched person on the basis of such material; recourse to section 147 was held impermissible and the section 148 notices were quashed. The reassessment also failed because the Assessing Officer had not made any independent enquiry or formed his own satisfaction, and had acted only on information from the Investigation Wing. On both grounds, the reassessment proceedings for the relevant assessment years were held to be without jurisdiction and were quashed.
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