Delhi HC sets aside ITAT
order quashing re-assessment for AY 1995-96 on the ground that service of Sec.
148 notice on a person other than ‘principal officer’ as contemplated in Sec.
282(2) [as prevalent at the relevant time] , was not a valid service, HC rules
that “re-assessment u/s. 147/148 not invalid or void for want of proper service
of notice”; HC observes that Sec. 148 notice was sent by registered post at
assessee-company’s factory premises but was served on the security guard,
however, upon service of the said notice, assessee’s director (i.e. principal
officer) had appeared before the AO; Firstly, HC observes that use of the word
"may" in Sec. 282(2) reflects that this provision is permissive and
not mandatory, next HC rules that “A company being a juristic and a legal
person, service cannot be in person on the Company, and has to be affected by
sending the notice to the registered office or at the place of business”; Holding
that the object and purpose of service of notice was to inform and make the
company aware about Sec. 147/148 proceedings initiation, HC holds that in the
context of present case, “Initiation to this extent was valid.”, moreover, HC
notes that assessee did not raise the question about validity of service before
the AO; However, remands matter back as ITAT did not decide the appeal on
merits, distinguishes assessee’s reliance on plethora of rulings including
co-ordinate bench ruling in Rajesh Kumar Sharma, follows co-ordinate bench
ruling in Jagat Novel Exhibitors Private Limited:HC
Subscribe to:
Post Comments (Atom)
Can GST Under RCM Not Charged and Paid from FY 2017-18 to October 2024 be Settled in FY 2024-25?
In a recent and significant update to GST regulations, registered persons in India can now clear unpaid Reverse Charge Mechanism (RCM) liab...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
When India introduced the Goods and Services Tax (GST), it created a big change in the way companies handle their taxes. Earlier, business...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
Companies often give gifts to their employees to boost morale, celebrate achievements, and promote a positive work environment. Such gifts ...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Section 150 of the Finance (No. 2) Act, 2024, specifies that taxpayers will not receive refunds for taxes paid or input tax credits (ITC) re...
-
Overview The Supreme Court of India recently ruled on the applicability of the Most Favoured Nation (MFN) clause in tax treaties involvin...
-
This Tax Alert summarizes the recent Delhi High Court (HC) ruling disposing Writ Petitions in a batch matter on valuation of import of serv...
No comments:
Post a Comment