Appeal allows marketing payments as deductible business expenses under Sec.37; director pay retained; R&D deductible from certificate date under Sec.3...
Registration under s.12AB upheld; CIT(Exemptions) exceeded jurisdiction by deciding taxability instead of preliminary verification and registration di...
The ITAT quashed the assessment framed under s. 143(3) as the statutory scrutiny notice under s. 143(2) was issued by a non-jurisdictional ITO instead of the DCIT who alone had jurisdiction given the assessee's return exceeded ₹20 lakh. The Tribunal held the assessment initiation was vitiated by jurisdictional defect, not curable, because the required jurisdictional officer did not issue the s. 143(2) notice nor complete the assessment. Having regard to settled coordinate bench rulings, the assessment was declared invalid and set aside, and the assessee's additional grounds challenging validity were allowed.
The ITAT quashed the assessment framed under s. 143(3) as the statutory scrutiny notice under s. 143(2) was issued by a non-jurisdictional ITO instead of the DCIT who alone had jurisdiction given the assessee's return exceeded ₹20 lakh. The Tribunal held the assessment initiation was vitiated by jurisdictional defect, not curable, because the required jurisdictional officer did not issue the s. 143(2) notice nor complete the assessment. Having regard to settled coordinate bench rulings, the assessment was declared invalid and set aside, and the assessee's additional grounds challenging validity were allowed.
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