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)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment