Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
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The case involves the reopening of assessment u/s 147 to determine if the assessee is a non-filer. Reopening was based on a survey operation at a hotel owned by the wife of the HUF's Karta. The assessee's original return filing status was not mentioned in the reasons recorded by the AO, leading to an invalid assumption of jurisdiction u/s 148. Citing relevant case law, including Gaurav Joshi, 'Sagar Enterprises', 'Fortune Metaliks Ltd.', 'Monika Rani', and 'Baba Kartar Singh Dukku Education Trust', the Tribunal held that incorrect facts regarding return filing render the jurisdiction u/s 148 invalid due to lack of independent assessment by the AO. Decision favors the assessee.
The case involves the reopening of assessment u/s 147 to determine if the assessee is a non-filer. Reopening was based on a survey operation at a hotel owned by the wife of the HUF's Karta. The assessee's original return filing status was not mentioned in the reasons recorded by the AO, leading to an invalid assumption of jurisdiction u/s 148. Citing relevant case law, including Gaurav Joshi, 'Sagar Enterprises', 'Fortune Metaliks Ltd.', 'Monika Rani', and 'Baba Kartar Singh Dukku Education Trust', the Tribunal held that incorrect facts regarding return filing render the jurisdiction u/s 148 invalid due to lack of independent assessment by the AO. Decision favors the assessee.
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