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 preliminary assessment u/s 143(1) is limited to processing the return for arithmetical errors, incorrect expense claims, verifying audit reports, deductions, and cross-checking income against Form 26AS/16A. The AO cannot go beyond this mandate. The assessee made a fresh claim for deduction of prior period expenses and CSR expenses, which was disallowed u/s 37(1) as it was not claimed in the original return. The assessee appealed, but the Tribunal observed that the case laws cited pertain to fresh claims in regular assessment, not preliminary assessment u/s 143(1). The assessee received an intimation u/s 143(1) accepting the return, and the time for revision had elapsed. The Tribunal held that the assessee filed the appeal without any grievance, as the AO accepted the return. Fresh claims can be genuine and traceable from the return or debatable issues requiring verification. The remedy for fresh claims lies with administrative officers or the Board, not appellate authorities. If the Board rejects the application, the remedy is through writ proceedings.
The preliminary assessment u/s 143(1) is limited to processing the return for arithmetical errors, incorrect expense claims, verifying audit reports, deductions, and cross-checking income against Form 26AS/16A. The AO cannot go beyond this mandate. The assessee made a fresh claim for deduction of prior period expenses and CSR expenses, which was disallowed u/s 37(1) as it was not claimed in the original return. The assessee appealed, but the Tribunal observed that the case laws cited pertain to fresh claims in regular assessment, not preliminary assessment u/s 143(1). The assessee received an intimation u/s 143(1) accepting the return, and the time for revision had elapsed. The Tribunal held that the assessee filed the appeal without any grievance, as the AO accepted the return. Fresh claims can be genuine and traceable from the return or debatable issues requiring verification. The remedy for fresh claims lies with administrative officers or the Board, not appellate authorities. If the Board rejects the application, the remedy is through writ proceedings.
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