Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
The ITAT Delhi held that interest levied u/s 220(2) on non-payment of FBT demand, adjusted against a refund due, was not justified as no intimation or notice of demand was served on the assessee regarding the FBT liability u/s 115WE. The assessee had deposited the FBT demand suo motu, but it was still recovered from the refund along with interest. The tribunal found that the mere appearance of the demand on the e-filing portal did not absolve the Revenue from properly serving the intimation and demand notice. The Revenue failed to provide evidence of serving the notice. While the assessee had paid the FBT liability, it did not create an interest liability u/s 220(2). The appeal of the assessee was allowed.
The ITAT Delhi held that interest levied u/s 220(2) on non-payment of FBT demand, adjusted against a refund due, was not justified as no intimation or notice of demand was served on the assessee regarding the FBT liability u/s 115WE. The assessee had deposited the FBT demand suo motu, but it was still recovered from the refund along with interest. The tribunal found that the mere appearance of the demand on the e-filing portal did not absolve the Revenue from properly serving the intimation and demand notice. The Revenue failed to provide evidence of serving the notice. While the assessee had paid the FBT liability, it did not create an interest liability u/s 220(2). The appeal of the assessee was allowed.
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TaxTMI 
TaxTMI 
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