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...
The HC granted ad-interim relief, holding that the impugned notices and the assessment order dated 31.03.2022 are stayed and respondents, successors, subordinates and agents are restrained by injunction from taking further steps; prima facie the AO lacked jurisdiction to treat the Section 148 notice as a show-cause under Section 148A(b) or to pass an order under Section 148A(d), and no subsequent assessment has been completed. The court directed the Revenue to deposit Rs. 1,63,45,488 into court pending further orders, finding the recovery/adjustment from the petitioner prima facie impermissible and rejecting the Revenue's ITBA-based contention.
The HC granted ad-interim relief, holding that the impugned notices and the assessment order dated 31.03.2022 are stayed and respondents, successors, subordinates and agents are restrained by injunction from taking further steps; prima facie the AO lacked jurisdiction to treat the Section 148 notice as a show-cause under Section 148A(b) or to pass an order under Section 148A(d), and no subsequent assessment has been completed. The court directed the Revenue to deposit Rs. 1,63,45,488 into court pending further orders, finding the recovery/adjustment from the petitioner prima facie impermissible and rejecting the Revenue's ITBA-based contention.
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