Pune ITAT rules that
service of notice u/s. 143(2) on the manager of assessee-firm and not partners,
would not invalidate the assessment proceedings for AY 2010-11; Observes that
though the assessee had raised objection before the AO during the course of
assessment proceedings itself that the notice was not properly served, the
authorized representative (AR) of the assessee appearing before the AO gave his
‘no objection’ for furthering the assessment proceedings; ITAT remarks that
“the proviso to section 292BB of the Act, which was triggered by raising an
initial objection before the AO, was given a go by and got set to rest by the
ld. AR not objecting to such objection in terms of order sheet entry..”; ITAT
rules that once the proviso is held to be inapplicable, the main provision of
Sec. 292BB gets magnetized, which deems proper service of notice on assessee;
Further clarifies that once an assessee empowers his AR to appear in the income
tax proceedings and undertakes to ratify his acts, there is no need to ignore
any concession made by the ld. AR and personally call upon the assessee to make
concession in every case, distinguishes assessee’s reliance on SC ruling in
Himalayan Cooperative Group Housing Society on facts:ITAT
Subscribe to:
Post Comments (Atom)
Section 56(2)(ix): Forfeiture of Advance Money Received – A Critical Analysis
The Dual Conditions for Taxability Section 56(2)(ix) of the Income Tax Act imposes tax liability on sums received as advance or otherwise du...
-
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...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Indian tax landscape has witnessed several significant judicial pronouncements in recent months. From the Supreme Court to various Hig...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
For Non-Resident Indians (NRIs) planning to move back home, the relocation is only half the journey. The other half is understanding how t...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
No comments:
Post a Comment