Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
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