Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held that either the AO or the prescribed authority can issue such notices, as evident from the expression "as the case may be" in Section 143(2). The Central Board of Direct Taxes (CBDT) is empowered u/r 12E of the Income Tax Rules to authorize an Income Tax Officer as the prescribed authority for issuing notices u/s 143(2). In the present case, the CBDT had authorized the Assistant/Deputy Commissioner of Income Tax (International Taxation), Circle-1(1)(1), Delhi, to act as the prescribed authority. Therefore, the notice issued by this officer u/s 143(2) was valid and within jurisdiction. The contention that only National Faceless Assessment Centre officers can issue such notices was rejected as unsupported by the provisions. The prescribed authority can issue, not merely serve, notices u/s 143(2). Once the jurisdiction to issue notice u/s 143(2) is established, the AO cannot be faulted for completing the assessment.
The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held that either the AO or the prescribed authority can issue such notices, as evident from the expression "as the case may be" in Section 143(2). The Central Board of Direct Taxes (CBDT) is empowered u/r 12E of the Income Tax Rules to authorize an Income Tax Officer as the prescribed authority for issuing notices u/s 143(2). In the present case, the CBDT had authorized the Assistant/Deputy Commissioner of Income Tax (International Taxation), Circle-1(1)(1), Delhi, to act as the prescribed authority. Therefore, the notice issued by this officer u/s 143(2) was valid and within jurisdiction. The contention that only National Faceless Assessment Centre officers can issue such notices was rejected as unsupported by the provisions. The prescribed authority can issue, not merely serve, notices u/s 143(2). Once the jurisdiction to issue notice u/s 143(2) is established, the AO cannot be faulted for completing the assessment.
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