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)
Navigating the Complexities of GST Pre-deposit Requirements Before GSTAT
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
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...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Capital gains taxation on immovable property under the Income-tax Act, 1961 often turns on a deceptively simple question: when is a proper...
-
Tax Deducted at Source (TDS) is generally not applicable to interchange fees, payment gateway charges, or the Merchant Discount Rate (MDR)...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment