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 for levying penalty u/s 271D for violation of Section 269SS, the Assessing Officer must record satisfaction that the provisions were violated. Mere referral by the Assessing Officer to the Joint Commissioner without recording such satisfaction is insufficient. The Court relied on the Supreme Court's decision in Jai Laxmi Rice Mills, setting aside the penalty order u/s 271D as the Assessing Officer did not record any finding of violation of Section 269SS during assessment proceedings. The Court drew a presumption that the department accepted the assessee's explanation denying cash loan, precluding levy of penalty.
The High Court held that for levying penalty u/s 271D for violation of Section 269SS, the Assessing Officer must record satisfaction that the provisions were violated. Mere referral by the Assessing Officer to the Joint Commissioner without recording such satisfaction is insufficient. The Court relied on the Supreme Court's decision in Jai Laxmi Rice Mills, setting aside the penalty order u/s 271D as the Assessing Officer did not record any finding of violation of Section 269SS during assessment proceedings. The Court drew a presumption that the department accepted the assessee's explanation denying cash loan, precluding levy of penalty.
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