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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Principal Commissioner cannot revise order of Appellate Tribunal as it is contrary to principles of merger, judicial discipline, and res-judicata. The issue before authorities was confined to entitlement of deduction u/s 80IC, whether 100% or 30%. Tribunal settled matter in favor of assessee. Principal Commissioner concluded assessee not entitled to 100% deduction, amounting to revision of Tribunal's order, which is beyond jurisdiction. An authority cannot revise order merged with higher authority's order, as it would lead to chaos and unending litigation. Every litigation must be put to rest at some stage.
Principal Commissioner cannot revise order of Appellate Tribunal as it is contrary to principles of merger, judicial discipline, and res-judicata. The issue before authorities was confined to entitlement of deduction u/s 80IC, whether 100% or 30%. Tribunal settled matter in favor of assessee. Principal Commissioner concluded assessee not entitled to 100% deduction, amounting to revision of Tribunal's order, which is beyond jurisdiction. An authority cannot revise order merged with higher authority's order, as it would lead to chaos and unending litigation. Every litigation must be put to rest at some stage.
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