1

Commissioner (A) is not empowered to enhance income a new source of income vide 82ITR 9Trib) 176
1

It is assessee’s choice to select a method for determining FMV of shares vide 81 ITR (Trib) (SN) 78
1

No TP adjustment of trade receivables in case of a debt-free company vide 81ITR (Trib) (SN) 94
1

To accord registration as a charitable institution under income tax dominant purpose must be charitable and satisfies the conditions laid down us 2(15) vide 426ITR108 despite having non charitable ancillary objects meant to achieve the dominant purpose
1

Transactions with dubious entities is reason enough for case reopening vide 421ITR624

Generic notice

ByCA Gopal Nathani

Sep 6, 2022

Generic notice which are vague and suffer from ambiguity are liable to be challenged on the ground of non application of mind vide [2022] 98 ITR (Trib) 316 (ITAT[Mum]). In this case the AO had issued a generic show-cause notice in a printed form without mentioning the specific charge by striking off the inapplicable words.

The bench of the Tribunal on the outset held a view that since the issue raised in the cross-objection is a purely legal and jurisdictional issue going to the root of the matter, such issue has to be decided at the very outset.

In other words in this fact situation the taxpayer should have gone in a writ course for speedy remedy. All generic notice better be challenged in a Court rather than seeking appellate remedy.