Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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A first appellate order that merely reproduces the parties' submissions and the Assessing Officer's findings, and then reverses the assessment in a few lines by relying on another case, is inadequate because reasons are essential for appellate scrutiny and for showing application of mind to facts and law. Where the CIT(A) does not give effective adjudication, remand for fresh decision is appropriate; the Tribunal need not substitute itself as the primary appellate forum simply because it is the last fact-finding authority. Reliance on Arvind Kumar Jaiswal was found inapposite on these facts, and the remand to the CIT(A) was upheld.
A first appellate order that merely reproduces the parties' submissions and the Assessing Officer's findings, and then reverses the assessment in a few lines by relying on another case, is inadequate because reasons are essential for appellate scrutiny and for showing application of mind to facts and law. Where the CIT(A) does not give effective adjudication, remand for fresh decision is appropriate; the Tribunal need not substitute itself as the primary appellate forum simply because it is the last fact-finding authority. Reliance on Arvind Kumar Jaiswal was found inapposite on these facts, and the remand to the CIT(A) was upheld.
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