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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Section 143(2) is a mandatory requirement, and failure to comply with it renders the reassessment proceedings invalid. The High Court has consistently held that Section 143(2) must be mandatorily complied with in reassessment actions. Section 292BB cannot cure the complete absence of notice u/s 143(2) as it only applies to defects in the manner of service, not the absence of notice itself. Consequently, the reassessment action is liable to be quashed due to the failure to comply with the mandatory requirement of issuing notice u/s 143(2).
Section 143(2) is a mandatory requirement, and failure to comply with it renders the reassessment proceedings invalid. The High Court has consistently held that Section 143(2) must be mandatorily complied with in reassessment actions. Section 292BB cannot cure the complete absence of notice u/s 143(2) as it only applies to defects in the manner of service, not the absence of notice itself. Consequently, the reassessment action is liable to be quashed due to the failure to comply with the mandatory requirement of issuing notice u/s 143(2).
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