Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals from competent authority. Court rejected Revenue's argument that limitation period should be extended due to prior litigation, stating time spent in previous challenges cannot extend statutory limitation periods. The fact that Revenue failed to take proper legal steps within prescribed timeframe cannot be used to justify extension of limitation period. No court order prevented Revenue from issuing valid notice within limitation period. Petition allowed, reassessment order and notices quashed as time-barred. Litigation time exclusion claim denied as limitation u/s 149 remained absolute.
HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals from competent authority. Court rejected Revenue's argument that limitation period should be extended due to prior litigation, stating time spent in previous challenges cannot extend statutory limitation periods. The fact that Revenue failed to take proper legal steps within prescribed timeframe cannot be used to justify extension of limitation period. No court order prevented Revenue from issuing valid notice within limitation period. Petition allowed, reassessment order and notices quashed as time-barred. Litigation time exclusion claim denied as limitation u/s 149 remained absolute.
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