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 allowed the appeal, holding the reassessment notice invalid because it was issued after the three-year limitation period without sanction by the authority specified in section 151(ii). The prior approval recorded from the Principal Commissioner was inadequate where the notice was issued beyond three years from the end of the relevant AY; sanction in such cases must come from the Principal Chief Commissioner or Principal Director General, or, if those posts do not exist, from the Chief Commissioner or Director General. Consequently, the reopening lacked lawful authority and any consequential proceedings were quashed, with the taxpayer's challenge to the validity of the assessment sustained.
ITAT allowed the appeal, holding the reassessment notice invalid because it was issued after the three-year limitation period without sanction by the authority specified in section 151(ii). The prior approval recorded from the Principal Commissioner was inadequate where the notice was issued beyond three years from the end of the relevant AY; sanction in such cases must come from the Principal Chief Commissioner or Principal Director General, or, if those posts do not exist, from the Chief Commissioner or Director General. Consequently, the reopening lacked lawful authority and any consequential proceedings were quashed, with the taxpayer's challenge to the validity of the assessment sustained.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
