Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
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Validity of assessment order passed u/s 144C - The ITAT held that the order issued by the AO was a final assessment order disguised as a draft, violating section 144C of the Act. This section mandates that a draft order must be issued first, allowing the assessee to file objections with the Dispute Resolution Panel (DRP) before finalizing the assessment. The inclusion of penalty notices and demand under section 156 alongside the draft/final order further supported the Tribunal's conclusion that the order was final. The Tribunal concluded that the appeal by the assessee was to be allowed and the orders by the lower authorities were declared non est (non-existent for legal purposes).
Validity of assessment order passed u/s 144C - The ITAT held that the order issued by the AO was a final assessment order disguised as a draft, violating section 144C of the Act. This section mandates that a draft order must be issued first, allowing the assessee to file objections with the Dispute Resolution Panel (DRP) before finalizing the assessment. The inclusion of penalty notices and demand under section 156 alongside the draft/final order further supported the Tribunal's conclusion that the order was final. The Tribunal concluded that the appeal by the assessee was to be allowed and the orders by the lower authorities were declared non est (non-existent for legal purposes).
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