Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
The ITAT held that the Assessing Officer and the DRP were bound to decide the assessee's jurisdictional objection based on resident status before passing the final assessment order. Because residential status under section 6 was required to be verified from the record, including the passport, and that exercise had not been undertaken, the objection remained unadjudicated and went to the root of jurisdiction. The final assessment order was therefore set aside and the matter remanded to the DRP for adjudication of that issue, while the additions on merits were left open.
The ITAT held that the Assessing Officer and the DRP were bound to decide the assessee's jurisdictional objection based on resident status before passing the final assessment order. Because residential status under section 6 was required to be verified from the record, including the passport, and that exercise had not been undertaken, the objection remained unadjudicated and went to the root of jurisdiction. The final assessment order was therefore set aside and the matter remanded to the DRP for adjudication of that issue, while the additions on merits were left open.
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