Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Transfer of assessment jurisdiction under Section 127 was challenged on the ground that the case should instead proceed at the original station and that incriminating material, if any, ought to have been routed there. The court held that Section 127 is a machinery provision enabling transfer for administrative convenience, coordinated investigation, efficient tax collection, and public interest, subject to prior reasonable opportunity and recorded reasons. As no mala fides were alleged, adequate hearing was granted, and the impugned order was a speaking order with acceptable reasons, the transfer was upheld and writ interference was declined. It was further held that Section 158BD does not bar centralization where linked entities are assessed elsewhere, if Section 127 procedure is followed. - HC
Transfer of assessment jurisdiction under Section 127 was challenged on the ground that the case should instead proceed at the original station and that incriminating material, if any, ought to have been routed there. The court held that Section 127 is a machinery provision enabling transfer for administrative convenience, coordinated investigation, efficient tax collection, and public interest, subject to prior reasonable opportunity and recorded reasons. As no mala fides were alleged, adequate hearing was granted, and the impugned order was a speaking order with acceptable reasons, the transfer was upheld and writ interference was declined. It was further held that Section 158BD does not bar centralization where linked entities are assessed elsewhere, if Section 127 procedure is followed. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4823 
Join Channel 
