Direct Tax Knowledge Hub

Applications for impleadment that do not satisfy these statutory requirements are liable to be dismissed as without jurisdiction..

The writ petitions were accordingly allowed, quashing the impugned assessment orders..

The Supreme Court’s decision upholds the necessity of strict compliance with procedural and substantive legal requirements for reopening assessments, and emphasizes the requirement for cogent, legally valid evidence for invoking Section 68..

the assessee is entitled to deductions under Section 24(1), including standard deduction and municipal taxes, and the AO’s disallowance was incorrect.

Moreover, the tax credit for TDS must be allowed in the hands of the deceased taxpayer, represented by the legal heir, to prevent unjust enrichment of the Revenue..

The Court’s order is actionable in that it not only grants immediate relief but also preserves the rights of the Revenue should higher judicial pronouncements alter the legal landscape..

Tax authorities must ensure that reopening notices clearly articulate the basis for their allegations, supported by material evidence, and that challenges to adverse orders must be made expeditiously..

The absence of a justified explanation for delay will result in outright rejection of condonation requests, leaving the underlying orders undisturbed..

This decision serves as a precedent for condoning procedural lapses caused by extraordinary personal hardship, provided that the underlying intent to comply is evident from the records..

Once the moratorium is lifted, the Revenue may proceed with assessments, ensuring strict compliance with relevant statutory timelines and provisions..