Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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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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