Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document...
ITAT held that the Addl./JCIT(A) erred in computing a delay of 4209 days from 28.01.2012, as there was no evidence that the intimation u/s 143(1) or any demand/recovery notice was ever served on Assessee X. ITAT observed that processing on 28.01.2012 could not have been pursuant to CBDT Circular No.13/2016 and, in absence of proof of service, concluded that limitation could not run from that date. Consequently, dismissal of the appeal on limitation without examining merits was held unsustainable. On the substantive issue of status change from "any other AOP" to "LLP" without opportunity, the matter was remanded to the Jurisdictional AO to re-examine the correct status after hearing Assessee X. Appeal allowed for statistical purposes.
ITAT held that the Addl./JCIT(A) erred in computing a delay of 4209 days from 28.01.2012, as there was no evidence that the intimation u/s 143(1) or any demand/recovery notice was ever served on Assessee X. ITAT observed that processing on 28.01.2012 could not have been pursuant to CBDT Circular No.13/2016 and, in absence of proof of service, concluded that limitation could not run from that date. Consequently, dismissal of the appeal on limitation without examining merits was held unsustainable. On the substantive issue of status change from "any other AOP" to "LLP" without opportunity, the matter was remanded to the Jurisdictional AO to re-examine the correct status after hearing Assessee X. Appeal allowed for statistical purposes.
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TaxTMI 
TaxTMI 
of 4925 
