Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
The HC held that the assessment order passed by the Assessing Officer after expiry of limitation period prescribed u/s 153 was invalid. Applying the principles laid down in Income Tax Officer vs. Murlidhar Bhagwan Das, Rajinder Nath vs. Commissioner of Income Tax, and Tally India Pvt. Ltd., the HC order did not contain findings necessary for disposal of issues to be decided by the Assessing Officer. The words "in consequence of or to give effect to" cannot enlarge scope of findings/directions. As per Section 153(6)(ii) read with Explanation 1, limitation for passing assessment order expired 60 days after HC order, whereas impugned order was passed 10 months later. The writ petition was allowed.
The HC held that the assessment order passed by the Assessing Officer after expiry of limitation period prescribed u/s 153 was invalid. Applying the principles laid down in Income Tax Officer vs. Murlidhar Bhagwan Das, Rajinder Nath vs. Commissioner of Income Tax, and Tally India Pvt. Ltd., the HC order did not contain findings necessary for disposal of issues to be decided by the Assessing Officer. The words "in consequence of or to give effect to" cannot enlarge scope of findings/directions. As per Section 153(6)(ii) read with Explanation 1, limitation for passing assessment order expired 60 days after HC order, whereas impugned order was passed 10 months later. The writ petition was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4886 
