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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Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregularities - The Court agreed with the petitioner that the show cause notice appeared to be a draft assessment order under Section 144C. Lack of adherence to procedures under Section 144C rendered the proceedings invalid. The matter was remitted back to the authority concerned for a fresh decision, with a directive to strictly adhere to the law and provide the petitioner with a fair opportunity. The Court acknowledged the petitioner's argument regarding the insufficient time provided for response. Consequently, the impugned order was set aside/quashed, and the matter was remitted back to the authority concerned for a fresh decision in accordance with the law.
Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregularities - The Court agreed with the petitioner that the show cause notice appeared to be a draft assessment order under Section 144C. Lack of adherence to procedures under Section 144C rendered the proceedings invalid. The matter was remitted back to the authority concerned for a fresh decision, with a directive to strictly adhere to the law and provide the petitioner with a fair opportunity. The Court acknowledged the petitioner's argument regarding the insufficient time provided for response. Consequently, the impugned order was set aside/quashed, and the matter was remitted back to the authority concerned for a fresh decision in accordance with the law.
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