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

PRINCIPLE OF CONSISTENCY MUST BE FOLLOWED and APPLIED

ByCA Gopal Nathani

Apr 4, 2023

Assessments are governed by certain rules. Rule of consistency is one such rule.

The Delhi High Court in [2023] 452 ITR 195 (Del) while referring to the observations of the Apex Court in 2019] 416 ITR 613 (SC) held that PRINCIPLE OF CONSISTENCY MUST BE FOLLOWED.

The matter related to the repeated question whether provision of services of market development (services of carrying out advertisement, marketing and business promotion i.e., AMP) are international transactions?

Under the law there is no reopening permissible for holding a change in opinion with reference to a given transaction/agreement for the same year.

With these 2-set rule parameters there is a possible hold under the law to reopening assessment in even subsequent or prior years if the material facts and circumstances remain unchanged no matter whether earlier assessment is framed u/s143(3) or 143(1).