Month: February 2023

GST ArticleIncome Tax Tribunal

Principles of estoppel do not apply to Income Tax proceedings

byCA Bimal Jain

Income of the assessee must be taxed in the proper Assessment Year and within the limitation prescribed by the Income Tax Act, 1961. Further held that, the Revenue Department must decide matters on merit in accordance with law and not based on the admission or refusal made by the assessee. Remanded the matter back to the Assessing Officer (“AO”) with a direction to ignore the surrender made during the assessment proceedings and decide the matter on merit.

GST ArticleHigh Court

SCN issued without reasons/allegations violates the Principles of Natural Justice

byCA Bimal Jain

Show Cause Notice must clearly state the allegations that the concerned noticee has to meet, being the essence of a SCN, any notice that does not qualify this criterion, cannot be considered as a SCN, which are not meant to be issued mechanically to comply with a formality, but to serve the principles of natural justice and to enable the concerned authority to take an informed decision.