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The HC addressed two substantial questions: transfer of...
Unauthorized assessment transfer upheld due to delayed challenge; land acquisition compensation taxability remitted for fresh consideration under Section 127(1)
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The HC addressed two substantial questions: transfer of assessment proceedings and taxability of land acquisition compensation. Regarding the unauthorized transfer under Section 127(1) from one AO to another by an incompetent authority, the HC held that despite the procedural irregularity, the assessee failed to timely challenge the transfer order, allowing it to attain finality. Relying on Sultan Sadik principles, the court ruled that invalid orders require formal declaration by competent courts and cannot be collaterally attacked in subsequent proceedings. On the compensation issue, the HC found ITAT erroneously dismissed the appeal without examining merits regarding taxability of NHAI land acquisition compensation. The matter was remitted to ITAT for fresh consideration on compensation taxability while upholding the transfer order's validity due to acquiescence.
The HC addressed two substantial questions: transfer of assessment proceedings and taxability of land acquisition compensation. Regarding the unauthorized transfer under Section 127(1) from one AO to another by an incompetent authority, the HC held that despite the procedural irregularity, the assessee failed to timely challenge the transfer order, allowing it to attain finality. Relying on Sultan Sadik principles, the court ruled that invalid orders require formal declaration by competent courts and cannot be collaterally attacked in subsequent proceedings. On the compensation issue, the HC found ITAT erroneously dismissed the appeal without examining merits regarding taxability of NHAI land acquisition compensation. The matter was remitted to ITAT for fresh consideration on compensation taxability while upholding the transfer order's validity due to acquiescence.
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