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...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Validity of assessment order passed u/s 144C - The ITAT held that the order issued by the AO was a final assessment order disguised as a draft, violating section 144C of the Act. This section mandates that a draft order must be issued first, allowing the assessee to file objections with the Dispute Resolution Panel (DRP) before finalizing the assessment. The inclusion of penalty notices and demand under section 156 alongside the draft/final order further supported the Tribunal's conclusion that the order was final. The Tribunal concluded that the appeal by the assessee was to be allowed and the orders by the lower authorities were declared non est (non-existent for legal purposes).
Validity of assessment order passed u/s 144C - The ITAT held that the order issued by the AO was a final assessment order disguised as a draft, violating section 144C of the Act. This section mandates that a draft order must be issued first, allowing the assessee to file objections with the Dispute Resolution Panel (DRP) before finalizing the assessment. The inclusion of penalty notices and demand under section 156 alongside the draft/final order further supported the Tribunal's conclusion that the order was final. The Tribunal concluded that the appeal by the assessee was to be allowed and the orders by the lower authorities were declared non est (non-existent for legal purposes).
Note: It is a system-generated summary and is for quick reference only.