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 the order passed by the National Faceless Assessment Centre (NFAC) u/ss 143(3)/254/144B of the Income Tax Act was invalid as it lacked jurisdiction. The Revenue failed to file a counter-affidavit despite being granted multiple opportunities. The Court accepted the petitioner's uncontested facts that the assessment proceedings had concluded with the order dated 04.02.2023, giving effect to the Income Tax Appellate Tribunal's directions. Initiating further proceedings by the NFAC after passing the assessment order was without jurisdiction, as concluded assessments cannot be reopened except through specific statutory provisions like Section 147 of the Act.
The High Court held that the order passed by the National Faceless Assessment Centre (NFAC) u/ss 143(3)/254/144B of the Income Tax Act was invalid as it lacked jurisdiction. The Revenue failed to file a counter-affidavit despite being granted multiple opportunities. The Court accepted the petitioner's uncontested facts that the assessment proceedings had concluded with the order dated 04.02.2023, giving effect to the Income Tax Appellate Tribunal's directions. Initiating further proceedings by the NFAC after passing the assessment order was without jurisdiction, as concluded assessments cannot be reopened except through specific statutory provisions like Section 147 of the Act.
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