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 High Court held that issuing a notice u/s 148 in the name of a deceased assessee is invalid and a prerequisite for acquiring jurisdiction. The legal heirs are not obligated to inform the Income Tax Department about the assessee's death. In case of salary income, the employer is responsible for TDS payments, and the assessee cannot be reassessed for the amount already deducted as TDS. Even if the employer fails to deposit the TDS, the demand cannot be raised against the assessee or legal representatives. Consequently, the impugned notices and orders u/ss 148 and 148A(b) and (d) were set aside, and the assessee's appeal was allowed.
The High Court held that issuing a notice u/s 148 in the name of a deceased assessee is invalid and a prerequisite for acquiring jurisdiction. The legal heirs are not obligated to inform the Income Tax Department about the assessee's death. In case of salary income, the employer is responsible for TDS payments, and the assessee cannot be reassessed for the amount already deducted as TDS. Even if the employer fails to deposit the TDS, the demand cannot be raised against the assessee or legal representatives. Consequently, the impugned notices and orders u/ss 148 and 148A(b) and (d) were set aside, and the assessee's appeal was allowed.
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