Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
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The court held that the Jurisdictional Assessing Officer (JAO) lacked jurisdiction to issue the impugned notices u/s 148, particularly in view of the provisions of Section 151A read with the Central Government's notification dated March 29, 2022. The court observed that the JAO disregarded the orders passed by the Commissioner of Income Tax (Appeals) involving the very amounts in question, which amounted to a travesty of law and nullified the binding effect of the appellate authority's orders. The court criticized the JAO and the Chief Commissioner of Income Tax for acting with gross non-application of mind and mechanically according approval for issuing the notices, without considering the relevant materials on record. The court deemed it a fit case to grant relief to the petitioner and deprecated the untenable stand taken by the respondents in disregarding the court's decision in Hexaware Technologies Ltd. The court imposed personal costs of Rs. 25,000 each on the JAO and the Chief Commissioner for their conduct.
The court held that the Jurisdictional Assessing Officer (JAO) lacked jurisdiction to issue the impugned notices u/s 148, particularly in view of the provisions of Section 151A read with the Central Government's notification dated March 29, 2022. The court observed that the JAO disregarded the orders passed by the Commissioner of Income Tax (Appeals) involving the very amounts in question, which amounted to a travesty of law and nullified the binding effect of the appellate authority's orders. The court criticized the JAO and the Chief Commissioner of Income Tax for acting with gross non-application of mind and mechanically according approval for issuing the notices, without considering the relevant materials on record. The court deemed it a fit case to grant relief to the petitioner and deprecated the untenable stand taken by the respondents in disregarding the court's decision in Hexaware Technologies Ltd. The court imposed personal costs of Rs. 25,000 each on the JAO and the Chief Commissioner for their conduct.
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