Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
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.
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