Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Validity of reopening of assessment - Enquiry to be conducted before issuance of a notice by the AO u/s 148A(a) - The High court found that conducting an inquiry before issuing a notice under Section 148A is discretionary and not mandatory. The phrase "if required" in Section 148A(a) suggests that it is left to the discretion of the Assessing Officer to decide whether to conduct an inquiry. The court interpreted the word "shall" in this context to mean "may," granting discretion to the Assessing Officer.
Validity of reopening of assessment - Enquiry to be conducted before issuance of a notice by the AO u/s 148A(a) - The High court found that conducting an inquiry before issuing a notice under Section 148A is discretionary and not mandatory. The phrase "if required" in Section 148A(a) suggests that it is left to the discretion of the Assessing Officer to decide whether to conduct an inquiry. The court interpreted the word "shall" in this context to mean "may," granting discretion to the Assessing Officer.
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