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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During the original assessment proceedings, the assessee complied with all queries and provided details regarding long-term capital gain claimed on sale of shares. The assessing officer did not dispose of the objection filed by the assessee regarding reopening of the case, as directed by the Supreme Court. The CIT(A) correctly held that the reassessment order was passed without justification due to non-disposal of the objection. The assessee demonstrated that during the original assessment, the AO raised the issue of long-term capital gains based on information from DIT(Investigation) but did not make any addition after obtaining explanations. Relying on Supreme Court decisions, the assessee argued that subsequent reopening amounted to a change of opinion on similar information. The CIT(A) rightly quashed the reassessment order as conditions for reopening were not met. The ITAT upheld the CIT(A)'s decision, dismissing the revenue's grounds.
During the original assessment proceedings, the assessee complied with all queries and provided details regarding long-term capital gain claimed on sale of shares. The assessing officer did not dispose of the objection filed by the assessee regarding reopening of the case, as directed by the Supreme Court. The CIT(A) correctly held that the reassessment order was passed without justification due to non-disposal of the objection. The assessee demonstrated that during the original assessment, the AO raised the issue of long-term capital gains based on information from DIT(Investigation) but did not make any addition after obtaining explanations. Relying on Supreme Court decisions, the assessee argued that subsequent reopening amounted to a change of opinion on similar information. The CIT(A) rightly quashed the reassessment order as conditions for reopening were not met. The ITAT upheld the CIT(A)'s decision, dismissing the revenue's grounds.
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