Charitable registration renewal cannot become an assessment of receipts, profitability or annual exemption compliance, requiring renewal and donation ...
AMP expenditure for own business is not an international transaction without an associated-enterprise arrangement, eliminating transfer pricing adjust...
Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Where no return was filed under section 139 within time, exemption under sections 11 and 12 could not be claimed for the first time in returns furnished in response to section 148 notices. The ITAT held that the deeming fiction treating a reassessment return as a section 139 return cannot be used to convert reopened proceedings into a vehicle for fresh reliefs not claimed originally. Relying on Sun Engineering Works and the Special Bench in SEW Infrastructure, it held that reopening is meant to assess escaped income, not to entertain new exemption claims raised only after reassessment begins. The Revenue's appeals were allowed and the exemption orders were reversed.
Where no return was filed under section 139 within time, exemption under sections 11 and 12 could not be claimed for the first time in returns furnished in response to section 148 notices. The ITAT held that the deeming fiction treating a reassessment return as a section 139 return cannot be used to convert reopened proceedings into a vehicle for fresh reliefs not claimed originally. Relying on Sun Engineering Works and the Special Bench in SEW Infrastructure, it held that reopening is meant to assess escaped income, not to entertain new exemption claims raised only after reassessment begins. The Revenue's appeals were allowed and the exemption orders were reversed.
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