Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Reassessment proceedings' validity questioned due to lack of appropriate authority's sanction u/s 151. Legality of jurisdiction, assessment orders, and notices issued under Income Tax Act examined. Held that if assessment order and notices u/ss 148A and 148 contravene Sections 151A and 151 as interpreted in Hexaware and Siemens cases, Appellate and Revisionary Authorities, bound by jurisdictional High Court decisions, must consider this legal position. Petitioner can raise such contentions before these authorities. Writ petitions adjudicating issues pending before Appellate Authority should not be entertained when it can decide per High Court rulings. Petitioner should pursue pending appellate and revisionary proceedings. If assessment order and Section 148 notice prima facie illegal per Hexaware and Siemens, they should not be given effect until appellate and revisionary proceedings decided.
Reassessment proceedings' validity questioned due to lack of appropriate authority's sanction u/s 151. Legality of jurisdiction, assessment orders, and notices issued under Income Tax Act examined. Held that if assessment order and notices u/ss 148A and 148 contravene Sections 151A and 151 as interpreted in Hexaware and Siemens cases, Appellate and Revisionary Authorities, bound by jurisdictional High Court decisions, must consider this legal position. Petitioner can raise such contentions before these authorities. Writ petitions adjudicating issues pending before Appellate Authority should not be entertained when it can decide per High Court rulings. Petitioner should pursue pending appellate and revisionary proceedings. If assessment order and Section 148 notice prima facie illegal per Hexaware and Siemens, they should not be given effect until appellate and revisionary proceedings decided.
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