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...
Validity of a notice issued under section 148 was contested where the partnership had been dissolved and its business taken over by a private limited company, and the dissolution had been formally intimated to the income-tax authorities. The Tribunal held that jurisdiction cannot be exercised by issuing a reassessment notice in the name of a non-existent entity; the defect persisted despite being pointed out during 148A proceedings and before the appellate authority. Applying that principle, the ITAT quashed the notice and the reassessment proceedings as bad in law.
Validity of a notice issued under section 148 was contested where the partnership had been dissolved and its business taken over by a private limited company, and the dissolution had been formally intimated to the income-tax authorities. The Tribunal held that jurisdiction cannot be exercised by issuing a reassessment notice in the name of a non-existent entity; the defect persisted despite being pointed out during 148A proceedings and before the appellate authority. Applying that principle, the ITAT quashed the notice and the reassessment proceedings as bad in law.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
