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...
The High Court allowed the writ petition, holding that the transfer order issued u/s 127(2) of the Income Tax Act, 1961, was procedurally flawed. The Principal Commissioner of Income Tax, Kolkata-5, failed to adhere to the principles of natural justice by not providing an opportunity to be heard to the Petitioner and not disclosing the incriminating material despite objections raised. The impugned order lacked cogent reasons to justify the necessity of transfer, with vague and unsubstantiated reasons cited. The respondents failed to demonstrate compliance with the requirement of agreement between the jurisdictional Principal Commissioners. The purported need for coordinated investigation was not substantiated by specific or credible evidence linking the Petitioner's assessment to the alleged concealment of income by the partnership firm.
The High Court allowed the writ petition, holding that the transfer order issued u/s 127(2) of the Income Tax Act, 1961, was procedurally flawed. The Principal Commissioner of Income Tax, Kolkata-5, failed to adhere to the principles of natural justice by not providing an opportunity to be heard to the Petitioner and not disclosing the incriminating material despite objections raised. The impugned order lacked cogent reasons to justify the necessity of transfer, with vague and unsubstantiated reasons cited. The respondents failed to demonstrate compliance with the requirement of agreement between the jurisdictional Principal Commissioners. The purported need for coordinated investigation was not substantiated by specific or credible evidence linking the Petitioner's assessment to the alleged concealment of income by the partnership firm.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
