Reopening Assessment Based Solely on Illegible Third-Party Loose Papers Lacking Nexus is Wholly Unsustainable Issue Whether the revenue is legally justified in reopening an assessment under Section 147 and issuing a notice under Section 148 based entirely on an illegible loose paper seized from an unrelated third party, where the satisfaction note fails to establish… Read More »
Reassessment Notice Quashed as Seized Third-Party Loose Paper Failed to Establish a Live Link Reassessment Notice Quashed as Seized Third-Party Loose Paper Failed to Establish a Live Link Issue Whether a reassessment notice issued under Section 148 to tax alleged “on-money” under Section 69A is valid when it is based solely on a third-party seized… Read More »
Show-cause notices issued after the expiry of the High Court’s strict 12-week remand deadline are legally void. Issue Whether show-cause notices issued under Section 271D read with Section 260A are legally sustainable when the 12-week time limit explicitly mandated by the High Court for passing a fresh order under remand has completely expired. Facts The… Read More »
Approved IBC Resolution Plan completely freezes past liabilities, barring the Revenue from issuing Section 148 reassessment notices. Issue Whether the Revenue can legally issue a reassessment notice under Section 148 or pass an order under Section 148A(d) for a period prior to the approval of a Resolution Plan under the Insolvency and Bankruptcy Code, 2016… Read More »
An assessment order is legally unsustainable and deemed unreasoned if it summarily treats bank credits as unexplained under Section 68 without evaluating the explanation offered by the taxpayer. Issue Whether a reassessment order passed under Section 147 read with Section 144B is legally valid if the Assessing Officer (AO) summarily treats book-entered bank credits as… Read More »
Reassessment notice under Section 148 is quashed as loose third-party loose sheets carry no nexus to the taxpayer. Reassessment notice under Section 148 is quashed as loose third-party loose sheets carry no nexus to the taxpayer. Issue Whether the tax authorities are legally justified in issuing a reassessment notice under Section 148 for Assessment Year… Read More »
Reassessment Based on Third-Party Digital Data Lacking Clear Evidence of Cash Receipt Deserves to Be Quashed Reassessment Based on Third-Party Digital Data Lacking Clear Evidence of Cash Receipt Deserves to Be Quashed Issue Whether a reassessment notice under Section 148 and its underlying order under Section 148A(3) can be legally sustained if they are based… Read More »
Reassessment Based on Third-Party Loose Papers Lacking a Live-Link and Relying on Retrospective Notional Rates Is Legally Unsustainable Issue Whether a reassessment notice under Section 148 can be validly issued based on loose paper entries seized from a third-party real estate broker, where the Revenue fails to establish a “live-link” to the petitioner and applies… Read More »
Reassessment Cannot Be Based on Conjectures, Surmises, or Third-Party Evidence Lacking a Direct Link to the Assessee Issue Whether a reassessment notice under Section 148 and its preparatory orders under Section 148A can be legally sustained when the alleged escapement of income is based entirely on third-party digital data without establishing any direct, corroborative link… Read More »
Passing Assessment Order Without Providing Reasonable Opportunity Violates Principles Of Natural Justice Passing Assessment Order Without Providing Reasonable Opportunity Violates Principles Of Natural Justice Issue Whether a best judgment assessment order passed under Section 144 read with Section 144B is legally sustainable when the Revenue provides inadequate response windows, ignores an adjournment request, and gives… Read More »