The Court held that a summary in Form DRC-01 cannot substitute a proper show cause notice under Section 73. Proceedings initiated without a valid SCN were set aside as contrary to law.
The Tribunal found that both the AO and CIT(A) failed to properly verify evidence relating to alleged accommodation entries. The matter was remanded for fresh examination and a reasoned decision.
The Court allowed the assessee to seek restoration even after delay in filing revocation application. It held that compliance with pending returns and payment of dues enables reconsideration under Rule 22(4).
The High Court held that cross-state transfer of ITC on amalgamation cannot be denied due to GST portal limitations. It ruled that statutory rights override technical restrictions.
The Tribunal held that delay in filing Form 10-IC does not invalidate the option exercised under Section 115BAA if declared in the return. It ruled that the requirement is procedural, not mandatory. The decision ensures substantive tax benefits are not denied due to technical lapses
The Tribunal rejected appeals filed by the assessee s father despite claims that the assessee was untraceable. It clarified that absence of the assessee does not authorize relatives to file appeals. Legal standing is mandatory for invoking appellate jurisdiction.
The Court clarified that recovery actions must be confined to the assessee liable for tax. Attaching a director’s personal account without evidence of liability was held unlawful. The judgment underscores limits on recovery powers.
Tribunal directed allocation of common head-office expenses (and common income) to eligible industrial undertakings when computing deductions under sections 10B and 80-IB, following prior coordinate-bench rulings; AO must apply the earlier directions on remand. Key takeaway: common corporate overheads and income were to be apportioned to units for deduction-computation as previously directed.
The issue involved expiring tenures of tribunal members and lack of replacement mechanisms. The Supreme Court permitted a uniform extension framework up to September 2026. The decision aims to maintain operational tribunals pending legislative reform.
The tribunal set aside the assessment after finding that faceless assessment proceedings were initiated before the scheme was formally notified, rendering the assumption of jurisdiction invalid.
