The Tribunal held that reassessment based solely on a vague Investigation Wing alert, without any independent verification or link to the assessee, was invalid. It ruled that the AO failed to record a proper reason to believe and later assessed an unrelated issue. The entire reassessment was quashed for lack of jurisdiction.
The ITAT Delhi quashed reassessment for AYs 2017-18 & 2018-19, ruling that approvals from a lower authority instead of the one specified under Section 151(ii) are void. Revenue’s appeals were dismissed, emphasizing strict statutory compliance.
The ITAT ruled that a reassessment notice issued by a non-jurisdictional officer is void, quashing a demand of ₹1.01 crore and invalidating the assessment.
The Tribunal held that reliance on the remand report without giving the assessee a chance to rebut violated natural justice. While the jurisdiction challenge was rejected as time-barred under section 124(3), the ₹5.80 crore LTCG addition was sent back for fresh examination. The case underscores that appellate authorities must provide fair opportunity before upholding major additions.
The Tribunal reinstated the entire disallowance after finding the purchases completely non-genuine. It held that estimation theory cannot apply where transactions are proven to be sham.
The ITAT ruled that payments for typing and DTP services fall under Section 194C, not 194J, and correctly attract 2% TDS. As a result, the addition made under Section 40(a)(ia) was deleted.
Court held that penalty under Section 48(5) cannot rest on presumption and requires verification of account books, which authorities failed to conduct. All orders were set aside.
The Supreme Court held that a writ petition cannot bypass statutory appeal remedies under the Customs Act. Delay in filing the statutory appeal barred the petitioner from seeking relief under Article 226.
Allahabad High Court rejected writ petition challenging a Rs. 17.7 crore penalty, directing broker to pursue statutory appeal under Customs Act for proper adjudication.
The High Court permitted shifting of goods from SEZ to a bonded warehouse while pending show-cause adjudication, subject to filing YBE, verification, and re-warehousing certificate within 45 days.
