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 HC held that the Local Committee constituted to identify high-pitched assessments is an administrative mechanism to advise the Principal Commissioner to prevent coercive recovery. It is not a quasi-judicial or statutory authority bound to provide an opportunity of personal hearing. The Committee's report is not binding on appellate/revisional authorities. The assessee's rights before appellate authorities remain unaffected, notwithstanding the Committee's decision. The HC concurred with judgments holding that no hearing is required to be granted by the Local Committee as per the Standard Operating Procedure. The assessment order itself envisages an opportunity of hearing by the Assessing Authority. Consequently, the HC found no merit in the petitioner's contentions.
The HC held that the Local Committee constituted to identify high-pitched assessments is an administrative mechanism to advise the Principal Commissioner to prevent coercive recovery. It is not a quasi-judicial or statutory authority bound to provide an opportunity of personal hearing. The Committee's report is not binding on appellate/revisional authorities. The assessee's rights before appellate authorities remain unaffected, notwithstanding the Committee's decision. The HC concurred with judgments holding that no hearing is required to be granted by the Local Committee as per the Standard Operating Procedure. The assessment order itself envisages an opportunity of hearing by the Assessing Authority. Consequently, the HC found no merit in the petitioner's contentions.
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