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 the assessment order passed u/s 143(3) - Assumption of jurisdiction to make an assessment - No return of income filed by assessee - Whether a curable defect u/s 292BB - The Assessee argued that as there was no return of income filed at the time of the notice, the assumption of jurisdiction for assessment was flawed. The Department contended that any irregularity in the notice could be cured under section 292BB of the Act. However, the Tribunal found that the notice was issued before the Assessee filed their return of income, rendering the assumption of jurisdiction invalid. Despite the Department's arguments, the Tribunal held that the notice was not in accordance with the Act and could not be cured under section 292BB.
Validity of the assessment order passed u/s 143(3) - Assumption of jurisdiction to make an assessment - No return of income filed by assessee - Whether a curable defect u/s 292BB - The Assessee argued that as there was no return of income filed at the time of the notice, the assumption of jurisdiction for assessment was flawed. The Department contended that any irregularity in the notice could be cured under section 292BB of the Act. However, the Tribunal found that the notice was issued before the Assessee filed their return of income, rendering the assumption of jurisdiction invalid. Despite the Department's arguments, the Tribunal held that the notice was not in accordance with the Act and could not be cured under section 292BB.
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