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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Assessment against an entity that had ceased to exist prior to the initiation of proceedings. The effect of a change in name was considered a curable defect u/s 292B, as decided in Sky Light Hospitality LLP, wherein the Supreme Court held that the wrong name given in the notice was merely a clerical error that could be corrected. Since there was no change in the entity, only a change in the company's name, the Show Cause Notice and Penalty Order issued in the name of M/s. Infovision Information Services Pvt. Ltd. were not fatal defects and could be cured. The penalty order imposed beyond the limitation period was addressed. The survey was conducted in January 2008 to verify TDS deduction and deposit, and the AO passed the order on 30.03.2011, referring the penalty proceedings. The last date for passing the penalty order was 30.09.2011, as per Section 275(1)(c). However, the penalty order was passed on 29.07.2013, beyond the limitation period. The ITAT correctly deleted the penalty levied by the AO on the ground that the penalty order dated 29.07.2013 was passed after the lapse of six months from the end of the month in which the penalty proceedings were initiated, as required by Section 275(1)(c). The decision was in favor.
Assessment against an entity that had ceased to exist prior to the initiation of proceedings. The effect of a change in name was considered a curable defect u/s 292B, as decided in Sky Light Hospitality LLP, wherein the Supreme Court held that the wrong name given in the notice was merely a clerical error that could be corrected. Since there was no change in the entity, only a change in the company's name, the Show Cause Notice and Penalty Order issued in the name of M/s. Infovision Information Services Pvt. Ltd. were not fatal defects and could be cured. The penalty order imposed beyond the limitation period was addressed. The survey was conducted in January 2008 to verify TDS deduction and deposit, and the AO passed the order on 30.03.2011, referring the penalty proceedings. The last date for passing the penalty order was 30.09.2011, as per Section 275(1)(c). However, the penalty order was passed on 29.07.2013, beyond the limitation period. The ITAT correctly deleted the penalty levied by the AO on the ground that the penalty order dated 29.07.2013 was passed after the lapse of six months from the end of the month in which the penalty proceedings were initiated, as required by Section 275(1)(c). The decision was in favor.
Note: It is a system-generated summary and is for quick reference only.