Notice Sent Solely to Registered Email Id Invalid When Form-35 Specified Different Address Issue Whether an order passed by the CIT (Appeals) is vitiated for breach of principles of natural justice when statutory notices are sent only to the assessee’s registered email ID instead of the specific email address provided in Column 17 of Form-35… Read More »
Recovery Notice Under Section 226(4) Valid as Statutory Modes of Recovery Exist Independently of Section 281B Provisional Attachment Issue Whether recovery proceedings initiated by the Income Tax Department under Section 226 (including Section 226(4)) for recovering outstanding tax dues are dependent on or constrained by provisional attachment orders issued under Section 281B or search proceedings… Read More »
Transporter TDS Exemption Declarations and Form 26A Physical Filingcs Require Detailed Verification Upon Remand Issue Validity of Section 194C(6) Declarations: Whether a transporter declaration lacking specific freight details or registration numbers can be rejected without confronting the assessee with discovered discrepancies, or solely because it is not formatted as per Circular No. 19/2015. Acceptance of… Read More »
Revision Order Under Section 263 Invalid Without Finding Mandatory Approval Under Section 153D Erroneous Issue Whether the PCIT can validly invoke revisionary powers under Section 263 to set aside an assessment completed under Section 153C without recording a specific finding that the prior mandatory approval granted by the JCIT under Section 153D was erroneous or… Read More »
Reassessment Quashed as Same Additions Were Pending Adjudication Before High Court Issue Whether the Revenue can validly initiate reassessment proceedings under Section 148 and pass a consequential reassessment order under Section 147 in respect of additions that were previously adjudicated and are currently pending determination before the High Court in tax appeals. Facts Search &… Read More »
Additions for Cash, Jewellery, and Cheques Deleted as Explained, While Section 147 Proceedings Are Upheld Issue Validity of Section 147 Reassessment: Whether reopening under Section 147 is procedurally valid when assets are seized by the Anti-Corruption Bureau (ACB) without any formal action under Section 132 or requisition under Section 132A. Addition for Cash (Section 69A):… Read More »
Ex-Parte Reassessment and Penalty Orders Remanded to Assessing Officer for De Novo Decision on Merits Issue Whether delay in filing the first appeal before the CIT(A) against an ex-parte best-judgment assessment order under Section 144 should be condoned and the quantum and penalty proceedings remanded back to the Assessing Officer for a de novo determination… Read More »
Ex-Parte Reassessment Order Passed Without Adjudication on Merits Remanded to Assessing Officer for Fresh Decision Issue Whether an ex-parte assessment order passed under Section 144 read with Section 144B and affirmed ex-parte by CIT(A) without deciding the matter on merits should be set aside and remanded back to the Assessing Officer for fresh adjudication. Facts… Read More »
Addition Under Section 68 Unjustified as Demonetization Cash Deposits Were Supported by Verified Bullion Sales Issue Whether cash deposits made during the demonetization period out of recorded bullion and jewellery sales can be treated as unexplained cash credit under Section 68 read with Section 115BBE when stock records, purchases, and sales remain undisputed. Facts Business… Read More »
Rejection of Registration for Selecting Wrong Sub-Clause Unjustified; Matter Remanded for Rectification and Consideration Issue Whether the CIT(E) was justified in rejecting an application for regularisation of provisional registration under Section 12AB filed in Form 10AB solely because the trust selected the wrong sub-clause in the form. Facts Assessee Profile: The assessee is a trust… Read More »