Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
The proviso to Section 276CC bars prosecution for failure to furnish an income-tax return where tax payable on total income determined on regular assessment, after reducing advance tax and tax deducted at source, does not exceed the prescribed threshold. Where no tax remains due and tax deducted at source exceeds the assessed liability, delayed filing cannot sustain prosecution. On these facts, continuation of criminal proceedings constituted an abuse of process and the prosecution was quashed.
The proviso to Section 276CC bars prosecution for failure to furnish an income-tax return where tax payable on total income determined on regular assessment, after reducing advance tax and tax deducted at source, does not exceed the prescribed threshold. Where no tax remains due and tax deducted at source exceeds the assessed liability, delayed filing cannot sustain prosecution. On these facts, continuation of criminal proceedings constituted an abuse of process and the prosecution was quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4934 
