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The HC held that the reopening and reassessment were void for jurisdictional error. The petitioner, having executed a unilateral APA and filed the ACR timely, was immune from unilateral examination or adjustment by the JAO in absence of an adverse TPO/CBDT compliance report; only the TPO/DGIT (International Transaction) may audit compliance and initiate cancellation procedures. The JAO also lacked jurisdiction to refuse acceptance of the modified return under s.92CD(1). Further, prior sanction for reopening under s.151 was invalidly obtained from an improper authority for a reopening beyond three years, rendering the issuance of notices under ss.148/148A and the assessment order of 16.01.2024 null and void.
The HC held that the reopening and reassessment were void for jurisdictional error. The petitioner, having executed a unilateral APA and filed the ACR timely, was immune from unilateral examination or adjustment by the JAO in absence of an adverse TPO/CBDT compliance report; only the TPO/DGIT (International Transaction) may audit compliance and initiate cancellation procedures. The JAO also lacked jurisdiction to refuse acceptance of the modified return under s.92CD(1). Further, prior sanction for reopening under s.151 was invalidly obtained from an improper authority for a reopening beyond three years, rendering the issuance of notices under ss.148/148A and the assessment order of 16.01.2024 null and void.
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