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...
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Allocation of pecuniary jurisdiction under CBDT Instruction No. 01/2011 is described as a jurisdictional requirement for issuing a scrutiny notice under section 143(2), rather than a mere procedural formality. For a non-corporate assessee in a metro city whose returned income is below the prescribed limit, jurisdiction lies with the ITO, while a notice issued by the ACIT is treated as lacking legal authority. The notes further state that such an additional legal ground may be admitted when it goes to the root of the matter and requires no further factual verification. Without a fresh notice from the competent officer, the assessment is described as vitiated and liable to be quashed.
Allocation of pecuniary jurisdiction under CBDT Instruction No. 01/2011 is described as a jurisdictional requirement for issuing a scrutiny notice under section 143(2), rather than a mere procedural formality. For a non-corporate assessee in a metro city whose returned income is below the prescribed limit, jurisdiction lies with the ITO, while a notice issued by the ACIT is treated as lacking legal authority. The notes further state that such an additional legal ground may be admitted when it goes to the root of the matter and requires no further factual verification. Without a fresh notice from the competent officer, the assessment is described as vitiated and liable to be quashed.
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