Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
The assessing officer (AO) exceeded jurisdiction by reclassifying income as fees for technical services (FTS) instead of royalty, contrary to the limited remand order from the Tribunal. The Tribunal's remand was restricted to examining chargeability under the Act/DTAA as royalty, not FTS. The AO should have sought an open remand from the Tribunal to consider FTS taxation. An AO cannot go beyond a limited remand's scope and examine matters outside the appeal's subject matter, affirmed in S.P. Kochhar and Bhagwandas Associates cases. The impugned addition was deleted on technical grounds as the AO overstepped the Tribunal's limited directions by taxing income as FTS instead of examining royalty chargeability per the remand order.
The assessing officer (AO) exceeded jurisdiction by reclassifying income as fees for technical services (FTS) instead of royalty, contrary to the limited remand order from the Tribunal. The Tribunal's remand was restricted to examining chargeability under the Act/DTAA as royalty, not FTS. The AO should have sought an open remand from the Tribunal to consider FTS taxation. An AO cannot go beyond a limited remand's scope and examine matters outside the appeal's subject matter, affirmed in S.P. Kochhar and Bhagwandas Associates cases. The impugned addition was deleted on technical grounds as the AO overstepped the Tribunal's limited directions by taxing income as FTS instead of examining royalty chargeability per the remand order.
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