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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The assessee dealt with a penny stock, and the Assessing Officer (AO) failed to conduct proper inquiry during reassessment proceedings. The Principal Commissioner of Income Tax (PCIT) rightly invoked Section 263, as the AO did not ask for the demat account or make necessary inquiries regarding the penny stock transaction. Explanation 2 to Section 263 is applicable. The PCIT correctly set aside the reassessment order and directed the AO to pass a fresh order after examining the facts, as the AO merely accepted the assessee's contentions without thorough investigation. Once reassessment was initiated on grounds of dealing in manipulated penny stocks to generate bogus long-term capital gains/losses, the AO was obligated to conduct a detailed inquiry to unravel the truth behind the transaction. However, the AO made a superficial inquiry, necessitating the PCIT's intervention. The Appellate Tribunal dismissed the assessee's appeal.
The assessee dealt with a penny stock, and the Assessing Officer (AO) failed to conduct proper inquiry during reassessment proceedings. The Principal Commissioner of Income Tax (PCIT) rightly invoked Section 263, as the AO did not ask for the demat account or make necessary inquiries regarding the penny stock transaction. Explanation 2 to Section 263 is applicable. The PCIT correctly set aside the reassessment order and directed the AO to pass a fresh order after examining the facts, as the AO merely accepted the assessee's contentions without thorough investigation. Once reassessment was initiated on grounds of dealing in manipulated penny stocks to generate bogus long-term capital gains/losses, the AO was obligated to conduct a detailed inquiry to unravel the truth behind the transaction. However, the AO made a superficial inquiry, necessitating the PCIT's intervention. The Appellate Tribunal dismissed the assessee's appeal.
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