Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
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.
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TaxTMI 
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