Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
ITAT held that the assessment orders dated 29.12.2017 are barred by limitation and void ab initio. The Department failed to discharge the burden of proving dispatch within the statutory period under s.153B, producing only a speed post slip dated 01.01.2018 and no dispatch register entries or postal booking receipts. Service effected via a notice server on 09.01.2018 to an unrelated third party was held irregular and not a valid service in law, contrary to s.282 and Rule 127 of the Income-tax Rules. In consequence, the impugned assessment orders were invalidly issued/served and the appeals of the assessee were allowed.
ITAT held that the assessment orders dated 29.12.2017 are barred by limitation and void ab initio. The Department failed to discharge the burden of proving dispatch within the statutory period under s.153B, producing only a speed post slip dated 01.01.2018 and no dispatch register entries or postal booking receipts. Service effected via a notice server on 09.01.2018 to an unrelated third party was held irregular and not a valid service in law, contrary to s.282 and Rule 127 of the Income-tax Rules. In consequence, the impugned assessment orders were invalidly issued/served and the appeals of the assessee were allowed.
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