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

Jurisdiction can be a million dollar question

ByCA Gopal Nathani

Jun 9, 2023

Jurisdiction subject could play notchy sometimes.

In (2023] 31 ITR (Trib)-OL 629 (ITAT[Mum]) the taxpayer successfully cracked the assessment on the basis of one additional ground. In that it made a challenge to jurisdiction of the additional/joint commissioner in passing assessment order at the stage of ITAT after 14 years. The assessment got done in 2009 and in 2021 till March 2023 the assessee inquired from the AO about his transferred jurisdiction.

As the addl CIT failed to provide/produce order in writing under section 120(4)(b) the Tribunal

quashed 142(1) notice and the assessment.