Questions arising from miscellaneous application orders cannot challenge unaltered Tribunal findings, leaving the original order separately challengea...
Transfer-pricing comparability filters require fresh arm's-length analysis, while delayed receivables need separate reconsideration with working-capit...
Section 153C jurisdiction requires timely deemed search and assessee-specific satisfaction material; otherwise reassessment must use the proper statut...
Transfer of an assessment case under section 127 by a Joint Commissioner lacking statutory power is jurisdictionally invalid. An assessee must also be afforded an opportunity of hearing before transfer between Assessing Officers. Participation in subsequent assessment proceedings, or failure to object within thirty days, cannot cure a transfer made by an incompetent authority. Consequently, an assessment made by the transferee Assessing Officer is non est, and a penalty for furnishing inaccurate particulars founded on that assessment cannot survive. The assessment and consequential penalty were quashed.
Transfer of an assessment case under section 127 by a Joint Commissioner lacking statutory power is jurisdictionally invalid. An assessee must also be afforded an opportunity of hearing before transfer between Assessing Officers. Participation in subsequent assessment proceedings, or failure to object within thirty days, cannot cure a transfer made by an incompetent authority. Consequently, an assessment made by the transferee Assessing Officer is non est, and a penalty for furnishing inaccurate particulars founded on that assessment cannot survive. The assessment and consequential penalty were quashed.
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TaxTMI 
TaxTMI 
of 4927 
