Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Revision under section 263 was held unsustainable where the Assessing Officer had already initiated penalty proceedings, because the revisional authority could not invoke section 263 merely to substitute the penalty provision under which those proceedings were initiated. The Tribunal found that, once penalty action had been commenced, the assessment order could not be treated as erroneous and prejudicial to the interests of the Revenue on this ground alone. The foundation of the revisional order was therefore legally untenable, and the assessee succeeded.
Revision under section 263 was held unsustainable where the Assessing Officer had already initiated penalty proceedings, because the revisional authority could not invoke section 263 merely to substitute the penalty provision under which those proceedings were initiated. The Tribunal found that, once penalty action had been commenced, the assessment order could not be treated as erroneous and prejudicial to the interests of the Revenue on this ground alone. The foundation of the revisional order was therefore legally untenable, and the assessee succeeded.
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