Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
CBDT Instruction No. 01/2011 placed jurisdiction over a corporate assessee in Kolkata with income above the prescribed limit in the AC/DC, so a reassessment notice issued by the Income Tax Officer lacked authority and the reopening was void ab initio. Separately, the Tribunal held that the NFAC had no jurisdiction to pass the reassessment order before the section 151A notification bringing the scheme into force, making that order equally void ab initio. The reassessment proceedings were therefore unsustainable on jurisdictional grounds and the assessee's appeal was allowed.
CBDT Instruction No. 01/2011 placed jurisdiction over a corporate assessee in Kolkata with income above the prescribed limit in the AC/DC, so a reassessment notice issued by the Income Tax Officer lacked authority and the reopening was void ab initio. Separately, the Tribunal held that the NFAC had no jurisdiction to pass the reassessment order before the section 151A notification bringing the scheme into force, making that order equally void ab initio. The reassessment proceedings were therefore unsustainable on jurisdictional grounds and the assessee's appeal was allowed.
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