Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
HC quashed the warrant of authorization and declared the search operation illegal under Section 132 of the Income Tax Act, 1961. The court found that the authorized officer, Sri Adarsh Kumar, improperly issued a notice under Section 131(1A) after conducting search operations, which violated procedural restrictions. The court emphasized that the power to issue such notices is strictly limited and must be exercised before initiating search proceedings. While the search warrant was invalidated, the court clarified that this does not automatically extend to other parties named in the satisfaction note, and the revenue authorities retain the right to pursue alternative legal actions against the petitioners.
HC quashed the warrant of authorization and declared the search operation illegal under Section 132 of the Income Tax Act, 1961. The court found that the authorized officer, Sri Adarsh Kumar, improperly issued a notice under Section 131(1A) after conducting search operations, which violated procedural restrictions. The court emphasized that the power to issue such notices is strictly limited and must be exercised before initiating search proceedings. While the search warrant was invalidated, the court clarified that this does not automatically extend to other parties named in the satisfaction note, and the revenue authorities retain the right to pursue alternative legal actions against the petitioners.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
