Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
The ITAT held that a scrutiny notice issued under section 143(2) by an ITO without jurisdiction over the assessee was invalid, as jurisdiction to complete the assessment lay with the AC/DC and no transfer order under section 127 was produced. It further held that the assessee's participation could not cure this defect: section 292BB applies only where a valid notice exists and the objection concerns service, while section 292B does not validate a notice issued without jurisdiction. Treating the defect as going to the root of the matter, the Tribunal quashed the consequential assessment and left the merits unadjudicated.
The ITAT held that a scrutiny notice issued under section 143(2) by an ITO without jurisdiction over the assessee was invalid, as jurisdiction to complete the assessment lay with the AC/DC and no transfer order under section 127 was produced. It further held that the assessee's participation could not cure this defect: section 292BB applies only where a valid notice exists and the objection concerns service, while section 292B does not validate a notice issued without jurisdiction. Treating the defect as going to the root of the matter, the Tribunal quashed the consequential assessment and left the merits unadjudicated.
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