Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

ITAT determined that NFAC improperly exercised jurisdiction in ...


Transfer Pricing Appeal Invalidated: Jurisdictional Defects Render CIT(A) Orders Null and Void Under Income Tax Act

April 5, 2025

Case Laws     Income Tax     AT

ITAT determined that NFAC improperly exercised jurisdiction in transfer pricing appeal cases. The tribunal found that CIT(A) at NFAC erroneously assumed jurisdiction over appeals involving transfer pricing adjustments under Income Tax Act, Chapter-X. Despite tax payments being complete and no outstanding demands, the tribunal ruled that jurisdictional defects cannot be overlooked. The impugned orders were consequently deemed invalid due to lack of proper jurisdictional authority by NFAC to adjudicate transfer pricing-related appellate matters.

View Source

 


 

You may also like:

  1. CIRP proceedings - illegal transfer of IPR and business by the corporate debtor - the declaration of assignment of trademarks in the name of R1 is declared null and void...

  2. Power of the tax Recovery Officer declaring sale null and void - Scope of section 281 - It is not open to the Tax Recovery Officer to declare the said...

  3. ITAT invalidated reassessment proceedings due to jurisdictional defects in notice issuance under s.148. ITO Ward 3(2), Bulandsahar transferred assessee's records to ITO...

  4. The Punjab and Haryana High Court addressed the legal right of a Hindu Undivided Family (HUF) to challenge auction proceedings of properties owned by the HUF. The court...

  5. Del HC held assessment order issued in name of Cairn India Limited after its amalgamation with Vedanta Limited was fundamentally void and not rectifiable under s.154 or...

  6. Validity of reassessment against representative assessee - representative assessee/agent in relation to a Non-resident u/s 163 - The notice u/s. 143(2) of the Act in the...

  7. Preferential, undervalued and fraudulent transactions - Related party transactions - It is amply clear that the Option Agreements I & II are preferential and undervalued...

  8. Revision u/s 263 - When a competent Court or authority holds such an order as invalid or sets it aside, the impugned order becomes null and void. Once it is concluded...

  9. Validity of assessment order - Transfer of case from jurisdiction - Notice u/s 143(2) was issued by the ITO Ward-2, Malegaon, Nasik, Maharashtra whereas Assessment order...

  10. Non-jurisdictional AO proceeding with the assessment - decentralization of a case after centralization of case - absence of any order of transfer u/s 127 - The court...

  11. HC invalidated transfer order under s127(2) due to multiple procedural violations and lack of natural justice principles. Order failed to obtain mandatory jurisdictional...

  12. Notice u/s 143(2) issued by a non-jurisdictional Assessing Officer/Deputy Commissioner is invalid and cannot be cured. The assessment order framed u/s 143(3) based on...

  13. The case pertains to the transfer of assessment proceedings u/s 127 from Coimbatore to the Central Circle in Kolkata. The respondents seized incriminating materials...

  14. Service of Notice – Notice published on website – re-assessment - extended period was invoked as per Section 29(4) of Punjab value Added tax act, 2005 – failure of...

  15. Notices u/s 143(2)/142(1) - status of assessee mentioned wrongly - The defect in issuance of notice and assessment noted by the CIT(A) was not fatal so as to render the...

 

Quick Updates:Latest Updates