Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
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...
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Reopening of assessment u/s 147 or assessment u/s 153C - reassessment was made based on the materials found in the course of search conducted on third party - The tribunal allowed the appeal, quashing the reassessment order dated March 28, 2016, on the grounds that the reassessment was conducted under an incorrect section of the law. It held that if the reassessment was based on incriminating materials found in the course of a third party's search, it should have been conducted under Section 153C rather than Section 147.
Reopening of assessment u/s 147 or assessment u/s 153C - reassessment was made based on the materials found in the course of search conducted on third party - The tribunal allowed the appeal, quashing the reassessment order dated March 28, 2016, on the grounds that the reassessment was conducted under an incorrect section of the law. It held that if the reassessment was based on incriminating materials found in the course of a third party's search, it should have been conducted under Section 153C rather than Section 147.
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