International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
Section 170A(2) requires the assessing officer to compute total income in accordance with a business reorganisation order and the modified return. Where the assessment was pending on the date the modified return was filed (clause (b)), the AO must incorporate the scheme effects rather than treat the modified return as subject to fresh re-scrutiny; the HC found re-opening a completed scrutiny of that modified return was contrary to Section 170A(2)(b) and that mechanically issued notices vitiated the process. Consequentially, the impugned notices issued under section 143(2) and 142(1) were quashed and set aside.
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