Transfer pricing comparability: one support-services company accepted, government-owned and facility-management comparables excluded, forex loss claim...
The HC set aside the reassessment and ancillary demand and penalty notices, holding the reopening under s.147 and completion under s.148 vitiated for want of valid service: the statutory notice under s.142 was not served at the assessee's registered e-mail as mandated by s.282 but sent to an inoperative address, breaching natural justice and established legitimate expectation arising from prior practice and an updated registration transaction. The Court reiterated that issuance and service of notice under s.148 are jurisdictional prerequisites, requiring compliance with s.282 read with procedural rules; the Revenue failed to discharge the onus of proving proper service, rendering the reassessment proceedings a nullity in favour of the assessee.
The HC set aside the reassessment and ancillary demand and penalty notices, holding the reopening under s.147 and completion under s.148 vitiated for want of valid service: the statutory notice under s.142 was not served at the assessee's registered e-mail as mandated by s.282 but sent to an inoperative address, breaching natural justice and established legitimate expectation arising from prior practice and an updated registration transaction. The Court reiterated that issuance and service of notice under s.148 are jurisdictional prerequisites, requiring compliance with s.282 read with procedural rules; the Revenue failed to discharge the onus of proving proper service, rendering the reassessment proceedings a nullity in favour of the assessee.
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