Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Appellate authorities may entertain a fresh deduction claim even if no revised return was filed, so long as the material needed to examine the claim is already on record; the restriction on fresh claims applies to the Assessing Officer, not to appellate jurisdiction. Here, the assessee had disclosed that commission expenditure was being deferred for claim on payment, and the Assessing Officer did not reject the claim for want of a revised return. After remand, the Assessing Officer was required to verify the quantum and nature of the commission services but failed to do so despite the details being furnished. The Tribunal also relied on acceptance of similar expenditure in other years, and the High Court held that no substantial question of law arose.
Appellate authorities may entertain a fresh deduction claim even if no revised return was filed, so long as the material needed to examine the claim is already on record; the restriction on fresh claims applies to the Assessing Officer, not to appellate jurisdiction. Here, the assessee had disclosed that commission expenditure was being deferred for claim on payment, and the Assessing Officer did not reject the claim for want of a revised return. After remand, the Assessing Officer was required to verify the quantum and nature of the commission services but failed to do so despite the details being furnished. The Tribunal also relied on acceptance of similar expenditure in other years, and the High Court held that no substantial question of law arose.
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