Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Disciplinary action against an Assessing Officer for granting exemption while exercising quasi-judicial powers was unsustainable because the charge alleged only a faulty assessment, departure from the Department's earlier stand, and revenue prejudice. The HC held that misconduct requires more than an erroneous or debatable decision and must reflect lack of integrity, want of devotion to duty, mala fides, recklessness, conscious disregard of law, or undue favour. The officer had relied on earlier ITAT orders, relevant precedent, and changed facts, so his view was plausible and reasoned. In the absence of evidence of ill intention or personal gain, the charge-sheet and penalty order were rightly quashed, and the writ petition was dismissed.
Disciplinary action against an Assessing Officer for granting exemption while exercising quasi-judicial powers was unsustainable because the charge alleged only a faulty assessment, departure from the Department's earlier stand, and revenue prejudice. The HC held that misconduct requires more than an erroneous or debatable decision and must reflect lack of integrity, want of devotion to duty, mala fides, recklessness, conscious disregard of law, or undue favour. The officer had relied on earlier ITAT orders, relevant precedent, and changed facts, so his view was plausible and reasoned. In the absence of evidence of ill intention or personal gain, the charge-sheet and penalty order were rightly quashed, and the writ petition was dismissed.
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