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ITAT Mumbai quashed reassessment under Section 148 due to improper approval process, emphasizing the need for compliance with Section 151 requirements.
TPO proposed transfer pricing adjustments of INR 1,03,26,939/-. According to TPO, appellant had advance funds to its AE [i.e. Golden Harvest Middle East (FZC)] under the grab of share application money and there was inordinate delay in allotment of shares.
Delhi High Court held that CBDT vide notification dated 12.05.2022 and 28.05.2022 has authorised ACIT / DCIT to act as prescribed income-tax authority for the purpose of issuance of notice under section 143(2) of the Income Tax Act.
The petitioner’s challenge to the notice dated 23.06.2024, issued u/s. 143(2) of the Act, is premised on the basis that it has been issued by an officer, who is not a „prescribed income-tax authority’.
Punjab & Haryana HC rules CBDT circulars can’t override the Income Tax Act provisions, setting aside reassessment notices for failing to follow statutory procedures.
Punjab & Haryana HC sets aside IT Act notices issued without faceless assessment, reaffirming adherence to statutory provisions in Bhartiya Cottex case.
Delhi High Court held that the Assistant Commissioner of Income Tax/ Deputy Commissioner of Income Tax are prescribed income-tax authority for the purpose of issuance of notice u/s. 143(2) of the Income Tax Act.
ITAT Ahmedabad held that invocation of revisionary proceedings under section 263 of the Income Tax Act merely taking second opinion unjustified. Further, view taken by AO cannot be set aside or deferred as per provisions of section 263.
It is also contended that even if it is assumed that the authority issuing the notice dated 23.06.2024 is a prescribed income-tax authority, he cannot issue a notice but can merely serve a notice.
Since cooperative banks were considered cooperative societies for the purpose of Section 80P(2)(d), thereby making assessee’s interest and dividend income eligible for deduction.