Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
ITAT held that a challenge to reassessment on jurisdictional grounds can be raised even if not pressed before the first appellate authority, because lack of jurisdiction goes to the root and cannot be cured by waiver or acquiescence. It further held that where the notice under section 148 was issued after three years from the end of the assessment year, section 151(ii) required sanction from the Principal Chief Commissioner or Chief Commissioner, not the Principal Commissioner. As the prescribed approval was absent, the reassessment notice and all consequential proceedings were void, and the reassessment was quashed.
ITAT held that a challenge to reassessment on jurisdictional grounds can be raised even if not pressed before the first appellate authority, because lack of jurisdiction goes to the root and cannot be cured by waiver or acquiescence. It further held that where the notice under section 148 was issued after three years from the end of the assessment year, section 151(ii) required sanction from the Principal Chief Commissioner or Chief Commissioner, not the Principal Commissioner. As the prescribed approval was absent, the reassessment notice and all consequential proceedings were void, and the reassessment was quashed.
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