Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Whether the assessment order was valid when the AO assessed receipts on a substantive basis despite binding DRP directions to compute income only on a protective basis under s. 44DA was the dominant issue. Since the DRP had accepted taxability on the footing of a PE but expressly limited computation to a protective basis, the AO's substantive assessment amounted to exceeding jurisdiction and violating mandatory directions under the statutory scheme. Consequently, the final assessment order, having been passed in breach of DRP directions, was held void ab initio and quashed, with the assessee's additional ground allowed. - ITAT
Whether the assessment order was valid when the AO assessed receipts on a substantive basis despite binding DRP directions to compute income only on a protective basis under s. 44DA was the dominant issue. Since the DRP had accepted taxability on the footing of a PE but expressly limited computation to a protective basis, the AO's substantive assessment amounted to exceeding jurisdiction and violating mandatory directions under the statutory scheme. Consequently, the final assessment order, having been passed in breach of DRP directions, was held void ab initio and quashed, with the assessee's additional ground allowed. - ITAT
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