Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Reopening proceedings against non-existent entity/ partnership firm -The case revolves around the jurisdictional issue arising from actions taken by the assessing officer against a dissolved partnership firm. Despite the firm's amalgamation with a private limited company, the assessing officer proceeded with notices alleging non-filing of income tax returns. The petitioner challenged these actions, arguing that they were without jurisdiction since the partnership firm no longer existed. The High Court agreed with the petitioner, emphasizing that once an entity ceases to exist, no further actions can be initiated against it. It criticized the assessing officer for passing orders without proper consideration and quashed the notices issued against the petitioner.
Reopening proceedings against non-existent entity/ partnership firm -The case revolves around the jurisdictional issue arising from actions taken by the assessing officer against a dissolved partnership firm. Despite the firm's amalgamation with a private limited company, the assessing officer proceeded with notices alleging non-filing of income tax returns. The petitioner challenged these actions, arguing that they were without jurisdiction since the partnership firm no longer existed. The High Court agreed with the petitioner, emphasizing that once an entity ceases to exist, no further actions can be initiated against it. It criticized the assessing officer for passing orders without proper consideration and quashed the notices issued against the petitioner.
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