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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Penalty u/s 271(1)(c) - defective notice u/s 274 - The Tribunal emphasized the necessity for such notices to clearly delineate the charge against the assessee, allowing them to prepare an adequate defense. It found that the AO's notices were deficient in this respect, not specifying whether the penalties were for "concealment of income" or "furnishing of inaccurate particulars of income." This ambiguity, the Tribunal held, constituted a failure to meet legal standards, rendering the penalties unsustainable.
Penalty u/s 271(1)(c) - defective notice u/s 274 - The Tribunal emphasized the necessity for such notices to clearly delineate the charge against the assessee, allowing them to prepare an adequate defense. It found that the AO's notices were deficient in this respect, not specifying whether the penalties were for "concealment of income" or "furnishing of inaccurate particulars of income." This ambiguity, the Tribunal held, constituted a failure to meet legal standards, rendering the penalties unsustainable.
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