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...
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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 claimed exemption from long-term capital gains tax on the sale of agricultural land situated beyond the prescribed distance from municipal limits. The Assessing Officer (AO) accepted the assessee's claim without proper inquiry or verification from relevant authorities like the District Town Planner (DTP). The Principal Commissioner of Income Tax (PCIT) invoked Section 263, holding the AO's order erroneous as it lacked inquiry and application of mind. The High Court upheld the PCIT's order, observing that the AO failed to conduct any inquiry to verify the land's agricultural status and distance from municipal limits. The AO relied solely on a self-serving statement from the assessee without corroborating evidence. The Court ruled that the AO's order was erroneous and prejudicial to revenue interests due to lack of effective inquiry and non-application of mind, justifying revision u/s 263.
The assessee claimed exemption from long-term capital gains tax on the sale of agricultural land situated beyond the prescribed distance from municipal limits. The Assessing Officer (AO) accepted the assessee's claim without proper inquiry or verification from relevant authorities like the District Town Planner (DTP). The Principal Commissioner of Income Tax (PCIT) invoked Section 263, holding the AO's order erroneous as it lacked inquiry and application of mind. The High Court upheld the PCIT's order, observing that the AO failed to conduct any inquiry to verify the land's agricultural status and distance from municipal limits. The AO relied solely on a self-serving statement from the assessee without corroborating evidence. The Court ruled that the AO's order was erroneous and prejudicial to revenue interests due to lack of effective inquiry and non-application of mind, justifying revision u/s 263.
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