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...
Validity of reopening income tax assessment proceedings. The key points are: the Jurisdictional Assessing Officer (JAO) issued the notice for reopening assessment instead of a Faceless Assessing Officer (FAO), violating the statutory scheme u/s 151A(2) of the Income Tax Act. The court held that non-compliance with the faceless assessment scheme, which has the character of subordinate legislation, renders the initiation of proceedings invalid. Both parties agreed that the reopening proceedings would be unsustainable due to the Hexaware judgment. Since the JAO lacked jurisdiction to issue the notice and the issue was time-barred, the writ petition was allowed.
Validity of reopening income tax assessment proceedings. The key points are: the Jurisdictional Assessing Officer (JAO) issued the notice for reopening assessment instead of a Faceless Assessing Officer (FAO), violating the statutory scheme u/s 151A(2) of the Income Tax Act. The court held that non-compliance with the faceless assessment scheme, which has the character of subordinate legislation, renders the initiation of proceedings invalid. Both parties agreed that the reopening proceedings would be unsustainable due to the Hexaware judgment. Since the JAO lacked jurisdiction to issue the notice and the issue was time-barred, the writ petition was allowed.
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