Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The assessee failed to file the original return of income, and the Assessing Officer initiated penalty proceedings for underreporting income. The assessee's authorized representative contended that all due taxes on salary income were deducted by the employer, leading to a bona fide belief of not underreporting income. The Tribunal held that since the income was subject to tax deducted at source (TDS) and the entire tax liability was paid through TDS, there was no loss to revenue. The provisions of Section 270A(6)(a) exempt underreporting if the assessee discloses material facts and the explanation is bona fide. The assessee's failure to file the return was due to a bona fide belief, as the income was subject to TDS reflected in the department's records. Regarding the addition, the assessee claimed a higher deduction u/s 24 due to a bona fide belief. Consequently, no penalty u/s 270A shall be levied for underreporting income, and the assessee's appeal is allowed.
The assessee failed to file the original return of income, and the Assessing Officer initiated penalty proceedings for underreporting income. The assessee's authorized representative contended that all due taxes on salary income were deducted by the employer, leading to a bona fide belief of not underreporting income. The Tribunal held that since the income was subject to tax deducted at source (TDS) and the entire tax liability was paid through TDS, there was no loss to revenue. The provisions of Section 270A(6)(a) exempt underreporting if the assessee discloses material facts and the explanation is bona fide. The assessee's failure to file the return was due to a bona fide belief, as the income was subject to TDS reflected in the department's records. Regarding the addition, the assessee claimed a higher deduction u/s 24 due to a bona fide belief. Consequently, no penalty u/s 270A shall be levied for underreporting income, and the assessee's appeal is allowed.
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