Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was invalid due to its reliance on repealed provisions. The High Court noted that subsequent legislation and court decisions had overtaken the statutes on which the original notices were based, rendering them ineffective. The High Court pointed out procedural flaws in the reassessment process, including the lack of proper approval from designated authorities, which was mandated by the law. The court emphasized the importance of following due process to uphold the integrity of tax reassessment procedures.
Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was invalid due to its reliance on repealed provisions. The High Court noted that subsequent legislation and court decisions had overtaken the statutes on which the original notices were based, rendering them ineffective. The High Court pointed out procedural flaws in the reassessment process, including the lack of proper approval from designated authorities, which was mandated by the law. The court emphasized the importance of following due process to uphold the integrity of tax reassessment procedures.
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