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...
Initiating proceedings u/s 153C - The High court held that the power under Section 153C necessitates the presence of incriminating material directly pertinent to the AYs under reassessment. This principle was steadfastly applied across various cases, underlining the need for a direct correlation between the evidence found during the search and the AYs for which the reassessment notices were issued. - The court observed that in many instances, the satisfaction notes and the subsequent notices failed to establish a clear link between the discovered incriminating material and the AYs to which the notices pertained. This lack of specificity rendered the assumption of jurisdiction for those AYs as legally unsound. - However, it leaves room for the department to reassess if concrete, incriminating evidence pertinent to the AYs in question emerges from the search operations.
Initiating proceedings u/s 153C - The High court held that the power under Section 153C necessitates the presence of incriminating material directly pertinent to the AYs under reassessment. This principle was steadfastly applied across various cases, underlining the need for a direct correlation between the evidence found during the search and the AYs for which the reassessment notices were issued. - The court observed that in many instances, the satisfaction notes and the subsequent notices failed to establish a clear link between the discovered incriminating material and the AYs to which the notices pertained. This lack of specificity rendered the assumption of jurisdiction for those AYs as legally unsound. - However, it leaves room for the department to reassess if concrete, incriminating evidence pertinent to the AYs in question emerges from the search operations.
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