Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
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Revisionary jurisdiction for inadequate inquiry into TDS on commission and brokerage expenditure arises where the Assessing Officer merely calls for TDS details without examining a material mismatch between financial-statement expenditure and TDS reporting. A substantial increase in expenditure and a claim that amounts retained by franchisees constituted discounts rather than commission require specific examination of contractual arrangements, accounting treatment and TDS liability. Failure to conduct that inquiry may render an assessment erroneous and prejudicial to Revenue interests, rather than reflecting a prohibited change of opinion. The revisionary order was sustained, leaving the expenditure's nature and tax consequences for fresh assessment after giving the assessee an opportunity to respond.
Revisionary jurisdiction for inadequate inquiry into TDS on commission and brokerage expenditure arises where the Assessing Officer merely calls for TDS details without examining a material mismatch between financial-statement expenditure and TDS reporting. A substantial increase in expenditure and a claim that amounts retained by franchisees constituted discounts rather than commission require specific examination of contractual arrangements, accounting treatment and TDS liability. Failure to conduct that inquiry may render an assessment erroneous and prejudicial to Revenue interests, rather than reflecting a prohibited change of opinion. The revisionary order was sustained, leaving the expenditure's nature and tax consequences for fresh assessment after giving the assessee an opportunity to respond.
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