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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ITAT determined that for proceedings under section 153C, the relevant assessment years should be AY 2017-18 to 2022-23, based on the satisfaction note recorded by AO on 10-10-2022. The assessment year in which search was conducted was AY 2023-24. Since the disputed AY 2021-22 falls within this block period, assessment should have been completed under section 153C rather than section 143(3). The assessment order dated 28.12.22 passed under section 143(3) was quashed. The Tribunal relied on established precedents regarding determination of six assessment years and proper procedure for assessment. Appeal allowed in taxpayer's favor.
ITAT determined that for proceedings under section 153C, the relevant assessment years should be AY 2017-18 to 2022-23, based on the satisfaction note recorded by AO on 10-10-2022. The assessment year in which search was conducted was AY 2023-24. Since the disputed AY 2021-22 falls within this block period, assessment should have been completed under section 153C rather than section 143(3). The assessment order dated 28.12.22 passed under section 143(3) was quashed. The Tribunal relied on established precedents regarding determination of six assessment years and proper procedure for assessment. Appeal allowed in taxpayer's favor.
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