Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
The HC held that a notice issued under s.148 by the jurisdictional Assessing Officer was void for want of jurisdiction where the statute mandates issuance by the FAO; this inherent lack of jurisdiction cannot be cured by consent or by the assessee's prior abandonment of challenge. The Court applied the principle that statutory powers must be exercised by the authority designated by statute, and any exercise inconsistent with statutory prescription is a nullity. Consequently, the petitioner's writ challenging the s.148 notice was maintainable despite earlier acquiescence, and the impugned notice (and any consequential action) was declared invalid, decision rendered in favour of the assessee.
The HC held that a notice issued under s.148 by the jurisdictional Assessing Officer was void for want of jurisdiction where the statute mandates issuance by the FAO; this inherent lack of jurisdiction cannot be cured by consent or by the assessee's prior abandonment of challenge. The Court applied the principle that statutory powers must be exercised by the authority designated by statute, and any exercise inconsistent with statutory prescription is a nullity. Consequently, the petitioner's writ challenging the s.148 notice was maintainable despite earlier acquiescence, and the impugned notice (and any consequential action) was declared invalid, decision rendered in favour of the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
