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...
Reassessment proceedings were held to be within limitation because the first corrigendum to the section 148A(b) notice validly extended the time to respond, and that extended period had to be excluded under the third proviso to section 149(1). On that basis, the section 148A(d) order and section 148 notice were timely, and approval by the PCIT/CIT was competent rather than approval by the PCCIT/CCIT. The objection that only the Faceless Assessing Officer could issue the notice was rejected, as both the jurisdictional and faceless officers were treated as competent. The writ challenge on disputed factual issues, including claimed tax exemption and NRE account status, was not entertained, leaving those matters for the Assessing Officer.
Reassessment proceedings were held to be within limitation because the first corrigendum to the section 148A(b) notice validly extended the time to respond, and that extended period had to be excluded under the third proviso to section 149(1). On that basis, the section 148A(d) order and section 148 notice were timely, and approval by the PCIT/CIT was competent rather than approval by the PCCIT/CCIT. The objection that only the Faceless Assessing Officer could issue the notice was rejected, as both the jurisdictional and faceless officers were treated as competent. The writ challenge on disputed factual issues, including claimed tax exemption and NRE account status, was not entertained, leaving those matters for the Assessing Officer.
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