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 held that the assessment framed by ITO Ward 9(4), Kolkata is nullity for want of jurisdiction where notice under s.143(2) was issued by ITO Ward 10(2), Kolkata but the jurisdictional AO (Ward 9(4)) proceeded to frame assessment without issuance of a fresh statutory s.143(2) notice. The Tribunal concluded that issuance of the statutory s.143(2) notice is a precondition to confer jurisdiction on the AO; absent such notice the assessment cannot be sustained. The appeal by the taxpayer was allowed and the assessment framed by ITO Ward 9(4) was set aside.
ITAT held that the assessment framed by ITO Ward 9(4), Kolkata is nullity for want of jurisdiction where notice under s.143(2) was issued by ITO Ward 10(2), Kolkata but the jurisdictional AO (Ward 9(4)) proceeded to frame assessment without issuance of a fresh statutory s.143(2) notice. The Tribunal concluded that issuance of the statutory s.143(2) notice is a precondition to confer jurisdiction on the AO; absent such notice the assessment cannot be sustained. The appeal by the taxpayer was allowed and the assessment framed by ITO Ward 9(4) was set aside.
Note: It is a system-generated summary and is for quick reference only.