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 allowed the petition and quashed the order under section 127(2) effecting centralization of the petitioner-company's PAN to the Central Charge, Bengaluru. The court held the respondent failed to demonstrate necessity or satisfy statutory criteria for transfer: the impugned order relied only on searches of a director and related persons, contained no material linking the petitioner-company to the searched transactions, and did not address the petitioner's objections. The departmental circular was inapplicable because no notices under sections 143(2), 142(1) or 153C were issued by the jurisdictional AO. Assessment records likewise showed no incriminating transactions with the petitioner; jurisdiction therefore remains with Ahmedabad.
The HC allowed the petition and quashed the order under section 127(2) effecting centralization of the petitioner-company's PAN to the Central Charge, Bengaluru. The court held the respondent failed to demonstrate necessity or satisfy statutory criteria for transfer: the impugned order relied only on searches of a director and related persons, contained no material linking the petitioner-company to the searched transactions, and did not address the petitioner's objections. The departmental circular was inapplicable because no notices under sections 143(2), 142(1) or 153C were issued by the jurisdictional AO. Assessment records likewise showed no incriminating transactions with the petitioner; jurisdiction therefore remains with Ahmedabad.
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