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...
ITAT adjudicated a case involving procedural invalidity of assessment reopening. The tribunal held that sanction obtained from an incorrect Specified Authority renders the entire reassessment proceedings legally unsustainable. The court emphasized that obtaining approval from the appropriate hierarchical authority (Principal Chief Commissioner or Principal Director General) is a mandatory precondition for invoking reassessment jurisdiction under section 148. Where sanction is procured from an unauthorized official, the reopening of assessment stands quashed. The tribunal ruled in favor of the assessee, invalidating the reassessment notice due to procedural non-compliance with statutory requirements regarding sanctioning authority.
ITAT adjudicated a case involving procedural invalidity of assessment reopening. The tribunal held that sanction obtained from an incorrect Specified Authority renders the entire reassessment proceedings legally unsustainable. The court emphasized that obtaining approval from the appropriate hierarchical authority (Principal Chief Commissioner or Principal Director General) is a mandatory precondition for invoking reassessment jurisdiction under section 148. Where sanction is procured from an unauthorized official, the reopening of assessment stands quashed. The tribunal ruled in favor of the assessee, invalidating the reassessment notice due to procedural non-compliance with statutory requirements regarding sanctioning authority.
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