SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are exa...
Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
Explained Investment Sources: documented gifts and traceable salary savings supported deletion of additions for property and mutual-fund SIP investmen...
Internal comparable pricing supports arm's-length interest on compulsorily convertible debentures, preventing their recharacterisation as equity for t...
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 
TaxTMI 
of 4879 
