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...
The HC held that a show-cause notice issued to a decedent was void ab initio and that liability for tax of the financial year rested with the decedent's legal representatives under Section 93 of the Act, thereby attracting personal liability of the petitioner as a legal representative (daughter). The Court found that respondent authorities, had they been notified of the decedent's death, would have directed proceedings correctly against the legal representatives; proceeding against the deceased rendered the notice and consequent order nullities. The show-cause notice dated 28.05.2024 and the impugned order dated 29.08.2024 were set aside and quashed, and the petition was disposed of.
The HC held that a show-cause notice issued to a decedent was void ab initio and that liability for tax of the financial year rested with the decedent's legal representatives under Section 93 of the Act, thereby attracting personal liability of the petitioner as a legal representative (daughter). The Court found that respondent authorities, had they been notified of the decedent's death, would have directed proceedings correctly against the legal representatives; proceeding against the deceased rendered the notice and consequent order nullities. The show-cause notice dated 28.05.2024 and the impugned order dated 29.08.2024 were set aside and quashed, and the petition was disposed of.
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