Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Observations in an earlier judgment on assessment against an amalgamated entity were only a clarification that the Revenue must act in accordance with law; they did not constitute a finding or direction under sections 150 and 153(6). Applying Rajinder Nath, the Court held that only a finding necessary for disposal of the case can trigger those provisions, and the Revenue could not use the prior judgment to extend jurisdiction. The proviso to section 143(2) continued to apply in the second round, so scrutiny notices issued beyond the prescribed limitation were jurisdiction and could not sustain assessment proceedings against the successor company. The impugned notices and proceedings were quashed.
Observations in an earlier judgment on assessment against an amalgamated entity were only a clarification that the Revenue must act in accordance with law; they did not constitute a finding or direction under sections 150 and 153(6). Applying Rajinder Nath, the Court held that only a finding necessary for disposal of the case can trigger those provisions, and the Revenue could not use the prior judgment to extend jurisdiction. The proviso to section 143(2) continued to apply in the second round, so scrutiny notices issued beyond the prescribed limitation were jurisdiction and could not sustain assessment proceedings against the successor company. The impugned notices and proceedings were quashed.
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